Ensuring assets are secured in an international divorce, by making sure foreign orders are enforced At a glance
- A foreign order or judgement may be issued in one jurisdiction in an international divorce case to claim an asset in another jurisdiction.
- Some jurisdictions have agreements that make foreign orders easier to enforce, but if this arrangement does not exist, a court case may be more complex.
- Our family law specialists are experienced in dealing with enforcement of foreign orders, and we will help guide you to the best possible outcome.
In international divorce cases, foreign orders (or judgements) are usually concerned with securing assets as part of the settlement. They are initiated in one jurisdiction, with a view to being enforced in another jurisdiction.
The UK has reciprocal arrangements with many other countries for enforcing UK orders, but this is mostly regarding child maintenance. For assets such as property and pensions, the situation is more complex. For example, a court order made in England or Wales to enforce a property’s sale or transfer may not be recognised in the country where the property is located.
Similarly, if your divorce has been secured abroad, you may need a subsequent order from the courts in England and Wales to deal with UK-based assets. There are certain criteria that need to be satisfied before a court in this country will accept sort of application, and much depends on whether the enforcement order originates from a European country, a country that has a bilateral treaty with the UK or a country that has no treaty.
We are experienced in dealing with foreign orders from all types of jurisdictions. We will explain how the courts will deal with them and the steps required.
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