Family holiday plans gone to Ashes
Katy Barber | 01.08.2019
If you have married a non-UK national or you have both spent some time living abroad as a married couple, it is possible to start divorce proceedings in more than one country. When you are deciding where they should take place, it’s important to consider where your children have been brought up, where most of your assets are and if orders from courts in England and Wales can be enforced in the other jurisdictions. Your divorce does not have to take place in the country where you were married.
The decision about where to issue divorce proceedings can be urgent, as your spouse may want to take advantage of the laws in a different jurisdiction, which can make a considerable difference to the outcome.
Other countries’ laws about children, property and finance may not result in a favourable result for you. You will need specialist legal advice on how the outcome may affect your children’s living arrangements and your finances. Your solicitor should also tell you how long the divorce might take and cost in the other jurisdictions concerned.
Usually the first person to issue their divorce petition takes precedence, so you will need to move quickly if you want your divorce to take place in the UK. We can confirm whether you meet the criteria for your divorce to be heard in the courts in England and Wales, and if it’s permitted we will move fast to issue your petition before your ex-partner can start proceedings abroad.
It’s important not to tell your partner you are seeking a divorce before the petition is issued, or they may try to issue proceedings in a country that suits them better. There will still be an opportunity to try mediation to resolve your differences, even after we’ve issued your petition.
All of this make an international divorce more pressured than a domestic one. We are here to support you, and we will work quickly and efficiently to help relieve that pressure. You can rely on our expertise as specialists in family law, with a strong reputation for handling and resolving international divorce cases.
If you sense your relationship is breaking down or you want to bring it to an end, contact us as soon as possible.