Our international family lawyers regularly advise on cases involving complex international aspects
International DivorceOutcomes vary geographically It is crucial to obtain timely advice on international family law issues
In this section
Divorce often involves complex international issues. For example, if one or both parties is a foreign national or is living in another country, there may be options in terms of the country in which the divorce or separation process is started. It is crucial to get advice on international family law issues as soon as possible not least because the outcomes in different countries can vary significantly.
We regularly advise on complex issues arising from international divorce including:
- Pre and post-nuptial agreements and cohabitation agreements
- Jurisdiction disputes including advice on the most appropriate jurisdiction for divorce
- Recognition of foreign marriages and divorces
- Recognition of foreign/domestic civil partnerships and same-sex marriages
- Financial provision following a foreign divorce
- Enforcement of court orders abroad and foreign court orders in England & Wales
- International relocation of children
- Surrogacy, assisted reproduction and international adoption
- Offshore corporate and trust arrangements
Our lawyers draw on their specialist knowledge, language skills and worldwide contacts to advise a range of clients including:
- UK nationals living or working abroad
- Foreign nationals living or working in England & Wales or contemplating moving to England & Wales
- Foreign nationals living abroad who want to divorce in England & Wales
- Parents who want to relocate abroad or who want to create or enforce arrangements affecting their children
- Parents seeking parental orders to deal with surrogacy or assisted reproduction
- Foreign trustees, settlors, beneficiaries and family offices
- Same sex couples seeking advice on their foreign marriage or civil partnership
- Foreign lawyers
We work closely with other family law specialists around the world to provide a truly international service and are members of numerous international family law associations including the International Academy of Family Lawyers and the American Bar Association, International Section.
The international family law issues that our clients face vary tremendously. We have provided guidance on some of the issues that we commonly come across to give you a flavour of our work:
- Can Foreign Nationals Living Abroad Divorce in England & Wales?
- International Surrogacy & Adoption
- Recognition of Foreign Pre-marriage Contracts
- Treatment of Offshore Trusts & Corporate Entities
- Recognition of Foreign Same Sex Relationships
- International Relocation of Children
Some of our international family law cases are reported but many are kept out of the courts. Our recent reported cases include:
- Divall v Divall – a complex case concerning a jurisdiction dispute.
- Solovyev v Solovyeva – a case concerning the recognition of overseas divorces by the English courts.
- B v S (Financial Remedy: Marital Property Regime) – a case concerning the effect of a separate property regime and a post-nuptial agreement.
- Golubovich v Golubovich – a case regarding the recognition of foreign divorce decrees by the English courts.
- Re X and Y (Leave to remove from jurisdiction: no order principle) – a case concerning the relocation of children abroad against the wishes of the other parent.
- Al Habtoor v Fotheringham – a case concerning the issue of habitual residence of a child and the recognition by the English court of foreign court orders.
Our recent blogs on international family law matters include:
- Offshore trusts: Piercing the matrimonial veil (from our colleagues at Carey Olsen, Jersey)
- How (and why) to bring up a prenup (from our colleagues at Moses & Singer, New York)
- What to do in Paris with young children – advice for non- resident parents (from our colleagues at CBBC Avocats, Paris)
- International pension issues on divorce
- English divorce of Swedish nationals & prenuptial agreements
- Le Mariage Pous Tous…Pourquoi Pas Le Partenariat Civil Pour Tous?
- International Same Sex Marriage and Adoption
- Pre and Post Nuptial Agreements following Brexit
- Brexit and Family Law
- Civil Partnership and Same Sex Marriage – Capacity and Recognition of Foreign Relationships
- Financial Relief after an Overseas Divorce
- Which European Court Should Decide a Couple’s Divorce?
A full range of our international focused blogs can be found here.