What Is International Family Law?
International Family Law Explained
At the present time we are in a state of flux insofar as European Family Law and British Family Law is concerned.
No one knows the outcome of the Brexit negotiations especially with regard to the obtaining and enforcement of Court Orders from one European country to another.
It is to be hoped that these matters will be clarified in due course.
Quite apart from that, there is also the issue of enforcing English Court Orders in non-European countries and vice versa. These are matters that need to have the input of specialist family lawyers in both key jurisdictions.
Nonetheless, the following general principles apply:
- The English Court will not normally make Orders in relation to foreign assets unless it is satisfied that those Orders can be enforced in the foreign jurisdiction.
- Where there is more than one Jurisdiction involved (i.e. the Wife lives in one country and the Husband lives in another) it is normally sensible to take specialist advice about the best country to file for divorce in. This is an important consideration.
- Moreover, as part of that consideration, it is generally sensible to file for divorce in the jurisdiction which contains the majority of the assets, pensions etc.
- In any event, it is important to obtain specialist legal advice before proceeding with a divorce and financial claim in cases of this nature.