Foreign Divorce Proceedings – How Do They Affect Me?
Matters relating to divorces are complex, and to add to this, separating couples with international connections have to decide which countries they want to start divorce proceedings in. Every country has divorce laws and therefore it is an important consideration which has an impact on the outcome of each case.
If either spouse hails from another country or is a habitual resident of the other, in this case, courts of different countries have jurisdiction to initiate divorce proceedings. Depending on the laws and regulations of the country, the financial outcomes and child arrangements vary, therefore, it is best to take legal advice before starting such proceedings.
If a person is served with foreign divorce proceedings, it is important to take advice from a solicitor with international expertise to know about the likely outcome of the case.
Sometimes, spouses choose to divorce in other countries to get a desired outcome that they may not get in the UK. It is best to hire an experienced solicitor in another country and work together to devise an effective strategy to get the best outcome.
If a person does not want to start divorce proceedings in another country, the court of England and Wales will not start proceedings if the international divorce is already concluded.
Claiming For Financial Relief After International Divorce
Following a foreign divorce, the courts of England and Wales may consider financial relief claims if either or both parties are habitually resident or domiciled in the UK.
To clarify, it does not necessarily mean that every habitual resident and person domiciled in the UK can claim financial relief. The court may refuse financial claims unless there are solid grounds for applying for relief. The application for the financial claim is allowed if either or both parties have substantial connections to England.
If permission is granted, the court will consider the financial circumstances of both parties, and decisions made by the foreign court, and check if inadequate provisions have been made which may be unfair to the applicant.
Disclaimer:
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Connaught Law and authors accept no responsibility for loss that may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Connaught Law. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Connaught Law.
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