
Securing a financial settlement for an international divorcee
Our family law experts secured a property transfer for a client who divorced abroad and wasn’t granted a financial settlement as part of her divorce.
Talk to us: 0333 004 4488 | hello@brabners.com
Our specialists advise couples on international divorces, including around which country to divorce in and securing financial settlements.
Talk to usIf a couple has international connections in addition to a connection to England and Wales, they may require international divorce advice. This may occur where a person or their family lives or has assets based overseas.
You may be wondering which country is most appropriate to deal with your pending separation and financial settlement. While there’s no simple answer to this question, as members of the Association of European Lawyers and Eurolegal we work closely with our international network of trusted professionals to provide specialist international family law advice, including on the court’s jurisdiction to deal with a divorce and in which country it would be best to issue proceedings.
We can advise anyone with some degree of connection to England and Wales — regardless of where you or your assets are based. This could include being born, residing or having assets located here.
We also advise clients who seek to obtain a financial order following a divorce overseas. This may be because no financial settlement was awarded following a divorce in another country or an inadequate or unfair settlement was made.
If you had your wedding ceremony abroad, this doesn’t mean that your divorce has to be dealt with in that country. In England and Wales, a marriage that took place abroad will still be recognised and can be the subject of a divorce here — provided that the marriage complied with the laws of the relevant country and is therefore valid.
Supported by our multidisciplinary Brabners Personal offering — which provides the full range of legal services to individuals and families — our team truly understands your needs, no matter what challenges you’re facing.
We appreciate that discussions around divorce are highly personal. While our expert international divorce solicitors can work closely with you wherever you’re based, if you value face-to-face communication our warm and welcoming offices in Liverpool, Manchester, Leeds and Lancashire are the perfect settings for sensitive discussions.
Talk to us by giving us a call on 0333 004 4488, sending us an email at family@brabners.com or completing our contact form below.
Since the legal and tax position differs internationally, there can be significant advantages for a couple to divorce in one country rather than another. That’s why it’s recommended that you take advice in each country where you may be eligible to divorce.
There may be various factors that make it more advantageous for you to divorce in a particular jurisdiction, including:
If a couple can’t agree on which country or jurisdiction is most suitable for their divorce and/or financial settlement to be determined, this may be an issue for the court to decide on as a ‘jurisdiction dispute’. This can result in the court ‘staying’ (freezing) proceedings in one country while the dispute is resolved.
For a divorce to take place in a specific country, the first consideration to make is whether the basic requirements are satisfied. Assuming that the couple met these criteria in more than one country, the court will then need to consider which is the most appropriate jurisdiction for a divorce.
The court will consider all circumstances of the case including nationalities, residences and asset locations. Using a principle known as forum non conveniens, the court will assess which country is most appropriate and convenient to hear the divorce.
If you need to secure a financial settlement after an overseas divorce, you’ll need to make an application to the Family Court in England and Wales. This can be complex and requires specialist advice.
The success of such an application will depend on the individual facts of the case. It's also necessary for you to prove a connection to England and Wales to succeed.
Our specialist international family lawyers can advise you whether there’s any merit in pursuing a financial order in England and Wales following a foreign divorce.
Depending on your individual circumstances, we may also be able to assist with the enforcement of foreign divorce settlements where there are assets based in England and Wales.
Read our case study to see how we helped a client who couldn’t receive a financial settlement because the Asian country she divorced in wouldn’t deal with the only asset to the marriage — a property in England.
Our award-winning family law team includes relationship breakdown expert Amy Harris.
Recognised by leading legal directories like Chambers & Partners, Amy specialises in divorce and the dissolution of civil partnerships, with many of her cases involving significant complicating factors such as international issues and assets, as well as trusts, farms, share interests and options, businesses and pensions. Her international family law practice has seen her advise on financial settlements following a foreign divorce as well as negotiate international pre-nuptial agreements.
Our extensive range of legal services for divorcing couples include:
“Getting divorced was the hardest thing I've ever done. I had taken advice from other firms over the years but... felt there was no empathy. I wasn’t looking for sympathy — I just wanted someone who was understanding, supportive and (most importantly) honest. From the first meeting, Richard Rigg demonstrated professional integrity, honesty and support. He has wide ranging-knowledge and experience, is quick to respond and made me feel like I could ask anything and not be judged. I believe that I got the best possible outcome for me and my child both financially and emotionally. I won’t ever forget the support that I received from Richard... I wouldn’t hesitate to recommend Brabners.”
Client feedback
“Brabners has one of the North of England’s largest family law teams, with expertise across financial, children, international and fertility work.”
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“Thank you for all your help during my divorce. When I was tense and worried on the phone, your calmness really helped me to feel at ease. Again, thanks to you and your team.”
Client feedback
“I found that I became a more empathic lawyer — and my clients appear to benefit from me being better able to relate to what they’re going through.”
Kirsten Tomlinson, Family Lawyer
“Amanda Long has looked after my interests with regards to my recent divorce. I can honestly say that I'm very satisfied with the way it was dealt with. I was kept well informed throughout the whole process and all actions were itemised and costed. I consider that it was dealt with efficiently and costs were kept to a minimum.”
Client feedback
Our family law experts secured a property transfer for a client who divorced abroad and wasn’t granted a financial settlement as part of her divorce.
The most senior court in England Wales has been considering the case of Potanina and Potanin.
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