Ensuring assets are secured in an international divorce, by making sure foreign orders are enforced
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 formal 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, orders (or judgements) from other jurisdictions are usually concerned with securing assets as part of the settlement. Such orders can be obtained in one jurisdiction, with the aim of being enforced in another.
The UK has reciprocal arrangements with a number of other countries to enforce UK orders, but this is mostly regarding maintenance. This could include the enforcement of financial orders outlining the provision for the children in whatever country the paying parent resides.
For UK divorces with overseas 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 sale or transfer may not be recognised in the country where the property is located. If you are issuing a divorce in the UK but have property abroad, you may need expert legal help to make sure that your best interests are represented in the arrangements made.
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 that sort of application, and much depends on your connection with the UK and whether there is a treaty between the UK and the originating country.
Why Moore Blatch?
Moore Blatch Solicitors are experienced in dealing with foreign orders from all types of jurisdictions. We will explain how the courts will deal with enforcing foreign family law orders and the steps required by you in regard to this.
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Sarah French | 20.01.2020
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