International finances on divorce

If you are an international family or hold assets abroad, there will be many additional factors for consideration on separation and divorce.  These can include the following:

• Where to issue divorce proceedings.  If you or your partner have connections abroad, you may have a choice as to where to issue proceedings for divorce.  Where such proceedings take place can be fundamental to determining how your finances are divided and it is very important to take early advice in this respect. Please find further information here.
  
  
• If assets are held outside England & Wales, how will these be considered?  If divorce proceedings are taking place here, any foreign held assets will still be taken into account when looking at financial settlement.      However, it will be necessary to consider whether, if an order is made here, it can be enforced against the foreign assets or whether there are UK assets against which the value of foreign assets can be offset.   The ability to enforce English orders abroad depends on the country in which such assets are held and specialist advice is required.
  
  
• If divorce proceedings have taken place abroad, there are limited circumstances in which it may be possible for the English courts to consider financial provision.  This may in particular be necessary if there are assets in the UK which have not been dealt with upon the overseas divorce, such as UK pensions. 
  
  
• Whether, if you were married abroad, there was any marriage contract or pre-nuptial agreement which may impact upon how your finances are to be divided.  It is common in some countries for such contracts to be entered into as a matter of course on marriage and this may still be a factor to be taken into account on divorce in England & Wales. 

As with all our clients, we will look to support you in finding a resolution where at all possible. We are able to provide support through our highly reputed mediation services where appropriate, or through collaboration or constructive negotiation.  If court proceedings are necessary, our experienced solicitors can guide you through the process.