International Family Law: Divorce, Finances and Children

Overview

A family may have international connections through nationality, residence, marriage, property or children living abroad. These connections can make separation more complicated.

Common concerns include where to divorce, whether an overseas divorce is recognised, how foreign assets can be addressed and whether a child can move to another country.

This guide explains the main issues for families connected with England and Wales. Alstern Solicitors can assess the English legal position and identify when advice from lawyers in another jurisdiction is also required.

Key Legal Considerations

Which country can hear the case?

Jurisdiction means the court’s legal authority to deal with a particular application. The answer depends on the type of proceedings and relevant connecting factors.

For divorce, the statutory grounds include specified domicile and habitual-residence connections. Citizenship alone does not answer the jurisdiction question. Domicile and Matrimonial Proceedings Act 1973, s 5.

Different rules may apply to children, financial relief and maintenance. The existence of proceedings abroad can also affect the appropriate approach.

• Divorce: Principal questions: Which courts have jurisdiction, and are proceedings already underway?
• Principal questions: Principal questions: Is the divorce recognised in England and Wales?
• Financial relief: Principal questions: Is an English application available, and where are the assets?
• Children: Principal questions: Where is the child habitually resident, and what orders or consents exist?
• Maintenance: Principal questions: Which scheme or enforcement arrangement applies?

Is an overseas divorce recognised?

Recognition depends on the statutory requirements, including how the divorce was obtained and the parties’ connections with the relevant country. Grounds for refusing recognition may also arise. Family Law Act 1986, pt II.

Documents may need translation or evidence of their legal effect. Recognition should be checked before relying on the divorce for remarriage or a further financial application.

Can someone seek financial relief here after an overseas divorce?

Potentially. The relevant framework is Part III of the matrimonial and family proceedings legislation.

It applies subject to requirements including recognition of the overseas divorce, leave and jurisdiction. Matrimonial and Family Proceedings Act 1984, ss 12–15.

At the leave stage:

“the court shall not grant leave unless it considers that there is substantial ground for the making of an application for such an order”.

Matrimonial and Family Proceedings Act 1984, s 13(1).

The court must also consider whether England and Wales is an appropriate venue, taking account of matters such as:

• connections with England and Wales and the country of divorce;
• financial provision already received or available;
• assets and practical enforceability; and
• time elapsed since the overseas divorce.

Matrimonial and Family Proceedings Act 1984, s 16.

This is not an automatic opportunity to obtain a better settlement. The Supreme Court has explained the statutory scheme’s purpose and limits, and has emphasised the significance of the leave process. Agbaje v Agbaje [2010] UKSC 13, [2010] 1 AC 628; Potanina v Potanin [2024] UKSC 3.

How are overseas assets addressed?

Foreign property, accounts or business interests may be relevant to financial disclosure and assessment. However, the ability of an English order to produce an effective result abroad requires separate consideration.

Local property law, third-party ownership, enforcement rules and tax consequences can be important. An order made here should not be assumed automatically to transfer title or bind foreign institutions.

The court assesses property and financial resources within the statutory financial-remedy framework. Matrimonial Causes Act 1973, s 25(2)(a).

Can a parent move a child abroad?

Consent, parental responsibility, existing orders and jurisdiction must be checked before relocation.

Where a child arrangements order specifies with whom a child lives, removal from the United Kingdom generally requires the written consent of everyone with parental responsibility or the court’s permission. There is a limited exception for removal for less than one month by a person named in the order as someone with whom the child lives, subject to any additional restriction. Children Act 1989, s 13.

The absence of that order does not mean removal is automatically lawful. Taking or sending a child outside the United Kingdom without appropriate consent can constitute a criminal offence where the statutory conditions apply. Child Abduction Act 1984, s 1.

What if a child has already been taken abroad?

Urgent advice is important. Where the relevant international framework applies, return proceedings may address wrongful removal or retention rather than finally deciding long-term residence.

The Hague return framework contains defined requirements and exceptions. Its application depends on the countries involved and the facts. Child Abduction and Custody Act 1985, sch 1, arts 3, 12–13 and 20.

Can mediation help?

Cross-border negotiation or mediation may help, but agreements need legal review for recognition and enforceability. Mediation must not delay urgent protection or return applications.

Whether an English MIAM requirement applies depends on the application and any exemption. Family Procedure Rules 2010, rr 3.6–3.8.

What Factors Are Usually Considered?

• Residence and domicile: assessed under the relevant legal test.
• Existing proceedings: including orders made abroad.
• Location of assets: and whether effective enforcement is possible.
• Financial provision already received: especially after an overseas divorce.
• Children’s habitual residence and welfare: where children are involved.
• Consent and parental responsibility: before international travel or relocation.
• Timing: delay can affect practical options and evidence.
• Applicable international arrangements: which vary by country and subject matter.

Common Mistakes or Risks

• Starting proceedings without jurisdiction advice: this can produce duplication, cost or challenges.
• Assuming an overseas divorce is recognised: recognition should be established.
• Treating Part III as a guaranteed second settlement: leave and other requirements must be met.
• Moving assets to avoid disclosure: this may undermine credibility and create further disputes.
• Relocating a child without checking consent: this can trigger urgent civil proceedings and potential criminal consequences.
• Assuming an English order is enforceable everywhere: local advice may be necessary.
• Delaying after wrongful removal: urgent action may be important.

Case Study from Alstern Solicitors

Illustrative example only. This is not a report of an actual Alstern Solicitors client matter.

Background

A former spouse lives in England following an overseas divorce. The other former spouse retains assets abroad and an interest in property in England.

Challenge

The individual is unsure whether the overseas divorce is recognised and whether further financial relief can be sought here.

How We Assisted the Client

Appropriate assistance would include reviewing the divorce documents, assessing recognition, identifying jurisdictional connections and considering whether a Part III leave application has a proper basis.

Outcome

A possible outcome is a reasoned decision about whether to apply in England and Wales, negotiate or seek remedies abroad. No additional financial award can be assumed.

What Happens If You Choose the Wrong or Inexperienced Solicitor?

Cross-border mistakes can result in proceedings in an unsuitable forum, missed enforcement opportunities or an agreement that does not work overseas.

Child relocation errors can be especially serious. An adviser should identify international issues early and coordinate specialist foreign advice when required.

How Can Alstern Solicitors Help?

Given the complexity and evolving nature of family law, choosing the right legal adviser is an important decision. Alstern Solicitors is proud to be a trusted law firm regulated by the Solicitors Regulation Authority (SRA) in England and Wales.

We are committed to the highest standards of professionalism, integrity and client care. We provide clear legal advice, transparent fees and practical solutions tailored to each client's circumstances.

Our clients benefit from:

• Strict confidentiality
• Full compliance with UK law
• Transparent fee structures
• Efficient case management
• Professional support throughout the process

We take the time to understand each client's situation and provide practical guidance designed to protect their interests and help them move forward with confidence.

Support may include jurisdiction assessments, overseas-divorce recognition, international financial claims and advice on child relocation or return proceedings.