Advice on International Divorce
International divorce is on the rise. Increasingly, couples are having an international element to family breakdown as people move more freely and readily around the world than they have ever done before.
Returning home after international divorce
In the event of family breakdown, many have a strong desire to return ‘home’ to a support network of family and friends they may not have in the country they are living in. Whilst this may seem simple on the face of it, the legal repercussions of booking a flight and moving back with family can be costly. If you have children, you may not be allowed to leave with the children without the permission of the other parent.
International Divorce and Financial Settlements
The financial settlement you may achieve in one country may be better than in another. You need expert legal advice about this and quickly. In many cases a divorce can be started in more than one country, but there is a rule of EU law which dictates that the divorce which was commenced first will prevail.
Parental Responsibility and International Divorce
Under English Law, if you have children and you want to relocate abroad you need the permission of everyone who has parental responsibility, or an Order of the English Court. Countries which are signatories to The Hague and European Conventions on Child Abduction will co-operate to ensure the return of children removed from England (or the return of children brought back to England). If children relocate without the permission of both parents to a country which is not a signatory to The Hague and European Conventions, the parent left behind often has the costly and problematic task of initiating court proceedings in a foreign country to try and seek the return of their children.
International Divorce Law
It is vital that you seek expert legal advice if you are in need of an international divorce. Such advice may well prove to be money extremely well spent in terms of precautionary measures that can be taken to safeguard you financially, and the welfare of your children.
The recovery of child maintenance between countries is also complex. An overseas order may have been made in your absence or you may need to seek a decrease in the order. You may need to recover maintenance through an overseas court for your children. Conventions determine what may and may not be recovered, and which court can vary orders. We offer expert legal advice to help you through the complexities of international law.
A divorce is likely to take a minimum of 30 weeks. This process can however be lengthier if there are financial matters to also resolve.
You only require either a good colour scan or photograph of the original that is clear and shows all four corners of the document. If the certificate is not in English, you also require an official translation of the certificate.
It is rare to have to attend court for a divorce particularly now it is now no longer possible to defend an application for divorce save in very exceptional situations.
If your marriage was legally recognised in the country your marriage took place, you can commence a divorce in England if you are habitually resident or domiciled in England or Wales.
