International Family Law

International divorce may affect you if you or your spouse intend to start divorce proceedings and one or more of the following applies:

  • You were married abroad;
  • Either one of you was born abroad;
  • Either or both of you live abroad (‘Expats’) in another EU Country or non-member state such as the United Arabic Emirates;
  • You have foreign assets which need to be dealt with on divorce including overseas properties.

International divorce can be complex as significantly different outcomes can be achieved depending on the country where the divorce proceedings are issued and/or financial matters are resolved.

It is important to understand which country is most advantageous for you.

Can I get divorced in England?

You can apply to issue divorce proceedings in England and Wales if one of the following criteria applies:

  • When you begin divorce proceedings, both you and your spouse are habitually resident in England or Wales;
  • Both you and your spouse’s last habitual residence was England or Wales and one of you still lives there when divorce proceedings begin;
  • At the time the divorce proceedings begin, the Respondent to the divorce is habitually resident in Wales or England;
  • For 12 months prior to the start of divorce proceedings, the Petitioner applying for the divorce has been habitually resident in Wales or England;
  • For six months prior to the start of divorce proceedings, the Petitioner has been habitually resident in England or Wales, and is also domiciled there;
  • You and your spouse are domiciled in England or Wales when divorce proceedings begin;
  • No other court of a “contracting state” to the European Convention (‘Brussels IIA’) has jurisdiction, and either you or your spouse is domiciled in England or Wales when divorce proceedings begin.

What is Domicile?

Everyone has a domicile of origin (where they were born), but it is possible to change this through choice so that a country which you consider to be your home becomes your domicile of choice.

What is Habitual Residence?

This is the place where you live on a voluntary basis with an intention to live there for a significant period of time.

What other situations involve international family law?

International family law may also affect you in circumstances where:-

  • You and your fiancé/spouse intend to make a pre or post-nuptial agreement concerning overseas assets;
  • You have concerns regarding child abduction or living arrangements for a child where one of you resides overseas.

What should I do next?

If your situation involves some element of international family law it is vital that you seek specialist advice from a family solicitor who has experience in dealing with international family cases so as to ensure that they work with you to achieve the best outcome for you.

Contact Laura

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Had a great experience working with Victoria. Felt completely comfortable asking all kinds of questions and she always explained them really well.

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I often get clients asking if I can assist with employment and family matters. As this is not my area of specialism I am conscious to help assist by passing them onto a trusted source who will look after the client in the best manner possible and with the same approach and ethos as myself. For employment and family matters I recommend to Consilia Legal as they contact the client promptly and provide practical no nonsense advice at a great value. I have no hesitation in recommending their services and will continue to direct my clients to them for this type of legal advice.

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  • review rating 5  Emma was amazing for me, and I would highly recommend her and her firm for any employment related issues. She helps with making it easy to understand and makes the whole process as swift and efficient as possible. Thank you for all of your help.

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    5/26/2019
  • review rating 5  Received a really good service from Marie and the team including Emma, who offered valuable support throughout. I contacted Consilia following a recommendation from a union representative. Was given great advise through her trusted associate who offered an accurate and professional assessment. Marie secured a really good outcome due to her knowledge, perseverance, conscientiousness and genuine desire to try and get the best outcome on my behalf. A lot of genuine empathy and respect expressed and a brilliant negotiator. Very well informed, experienced and brilliant communicator. True to her word re costs as discussion was upfront and honest. Very reasonable rate compared to other firms. Would recommend to others Thank you very much!

    thumb Elaben Mistry Jackson
    5/26/2019
  • review rating 5  Very quick and reassuring response from Andy and the team here after a very difficult situation at work. Referred from Citizen Advice Bureau because all other firms seemed less bothered about my needs versus their fees. Andy gave great advice and helped explore my options so I could respond appropriately without being cornered by my work. Ended up with a very amicable outcome! In difficult times you need people like Consilia to help guide and support you... thanks guys

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    12/03/2018
  • review rating 5  I had a great service from Laura and her team at Consilia Legal and would certainly recommend them to others. The service was very friendly and informative keeping me up to date in a timely manner and been on hand to offer advice when needed. Thankyou.

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