Jurisdictional Disputes

If you and your partner work, live or have assets abroad, where you get divorce may be of significant relevance to your case. The choice of jurisdiction can impact upon the financial outcome on divorce as family law can vary greatly between countries. In particular, the rules relating to financial contribution, maintenance and financial disclosure will differ from country to country.

We can consider with you the options available to you and also advise you on other international legal aspects of your divorce or separation, including the international relocation of your children, disputes regarding where you should get divorced and the enforceability or otherwise of any international prenuptial or post nuptial agreement. 

Expert advice is necessary in order to decide which jurisdiction is the most advantageous, as jurisdiction can impact upon financial arrangements and future financial security. As such, it is crucial to apply for a divorce in the jurisdiction which can offer you the most protection in a divorce settlement and protect your property and financial assets. Taking legal advice on where to apply for an international divorce is imperative due to the complex differences in divorce and family law between jurisdictions.

There are important financial considerations in deciding in which country to divorce. In this jurisdiction, the parties’ contribution to a marriage (i.e. homemaker or breadwinner) is, to a large part, treated equally which often makes it an attractive choice for the financially weaker party. Furthermore, orders for maintenance (often lasting many years) are commonplace in this jurisdiction, by contrast to many other European or international jurisdictions. In some cases, the Court can order maintenance which will last for the rest of a person’s life. 

Where each spouse has started divorce proceedings in a different country, and the couple cannot agree where it should proceed, the Court will apply complex rules to decide the matter. One important consideration is which country’s process was started first, so it is important to act quickly for anyone suspecting their spouse may issue in another country and a jurisdiction dispute is possible.

Rules relating to where a child may live are also more complex in cases involving international divorce and require expert legal advice and assistance. Since laws between different jurisdictions, we consult with our network of international colleagues to ensure that you will obtain the most up-to-date legal advice to ensure the decision made is the right one. 

Divorce Solicitors London

Our specialist divorce solicitors, based in London, provide a professional and efficient service. To chat our discreet and confidential family lawyers call us on 020 7123 4600, email us at co*****@**********co.uk or make an online enquiry here.