International family law

International family law refers to family legal issues that cross borders or involve more than one country. For example:

• A UK national navigating divorce proceedings in another country.
• Overseas assets that need dividing in a divorce.
• When arrangements need making for children who live or spend much of their time in another country, or who have dual nationality.

This can be more challenging due to the varying laws in different countries. It can be hard to manage a separation or divorce at any time but, when international issues are involved, it’s even more important to get the robust legal advice that our team can provide.

How long the proceedings take will vary from country to country. In England and Wales, a divorce now takes a minimum of 26 weeks to complete. However, the process often takes longer as the divorce is usually not finalised until there is a financial settlement in place. 

A person is considered to be "domiciled" in the country where they permanently live. It’s used to determine which legal system applies to an individual who has a connection with more than one jurisdiction.

There are three types of domicile:

• Domicile of origin: An individual’s domicile at birth acquired from their father, if their parents are married, or their mother, if unmarried.
• Domicile of choice: Arising when an individual has chosen to reside in a differing country to that at birth with the intention of remaining there permanently.
• Domicile of dependence: An individual’s domicile if they lack legal capacity and are legally dependent upon another person eg, a child.

The court takes a wide range of factors into consideration when determining a person’s domicile. An individual can only have one domicile at a time, but that domicile can change throughout their life.

Habitual residence is the place where an individual’s life is predominantly based. A person must be able to show that they intend to stay settled there on a fixed basis as their permanent place or ‘habitual centre of interest’. A person can only have one habitual residence at a time.

There are three elements to be considered:

1. Is there a permanent aspect to the residence of the person in the relevant territory? (ie, their residence isn’t a temporary arrangement).
2. In what location is the individual’s centre of interest? This is predominantly demonstrated by where an individual lives, the links they have to that location and where they have put down roots.
3. Does the individual, at the time of the application, have any other habitual residence?

Jurisdiction means the territory over which a court has the power or authority to hear and determine a case. An individual can establish jurisdiction via a form of residence in the country, among other factors.

Yes, you can if you meet certain criteria (see the international divorce section above) and haven't started divorce proceedings in another country.

If you're concerned that your ex might start proceedings elsewhere, speak to our international family solicitors. You may need to act urgently to make sure that proceedings take place in the country that achieves the best possible financial settlement for you.

A lot depends on where your children have been taken. You will need to act quickly. Contact us for clear advice on international child abduction.

If you're able to choose between two or more countries to start divorce proceedings, you'll need to consider the pros and cons of each carefully. Alongside speaking to our specialist international family lawyers, you'll need to speak to family lawyers in each of those countries to understand the consequences of your decision.

We often coordinate advice from multiple countries for our international clients and can help you with the decision-making process.

Where you were married doesn't affect whether you can divorce in England and Wales. What matters most is your domicile and/or where you and your spouse usually live. If you're concerned about whether your overseas marriage is valid here, get in touch with our experts for advice.

For couples with connections to other countries as well as England, it may be that there’s more than one country where they would be able to start divorce proceedings. As divorce law varies between countries, the consequences of choosing one country over another for your divorce may be significant, particularly in relation to any eventual financial settlement or decisions made regarding maintenance payments. 

It's important to get legal advice as to which jurisdictions you may be entitled to seek a divorce in and, of those, which jurisdiction would be the most advantageous for you. You should take into account all the relevant factors, such as comparative financial settlements, timescale, likely cost, enforcement etc. This will depend on the individual circumstances of your case.

While there may be an advantage to agreeing jurisdiction with your spouse, it’s possible for you to submit a divorce application by yourself.

Speak to one of our international divorce lawyers today.

There are several legal conventions which provide for the recognition and enforcement of English financial orders abroad. The next steps will vary depending on the terms of the applicable convention, the arrangements in place between the relevant countries and the type of order involved (ie, maintenance, lump sum, costs etc).

It may be necessary to begin civil proceedings in a foreign court to seek enforcement of an English order. Sometimes, a foreign court may be able to vary the order, so it’s important to consider any foreign court’s approach to the relevant issues. 

It’s advisable to take advice from a local solicitor in the relevant jurisdiction.