At Bastows, our international divorce solicitors represent many clients from different countries. Normally they are responding to an Application made by their spouse and they are residing abroad but their spouse is habitually resident in England and Wales.
The types of application you may face whilst residing abroad are usually:
- Divorce Petitions
- Financial Applications
If you reside outside the European Union we may be able to contest the Jurisdiction of the English Courts and argue that your country of residence is the more suitable forum. It all depends on the individual facts of your situation. We can seek to have the application dismissed or stayed.
We are used to representing clients at Court Hearings in their absence. We can forward all documents via email and we can also organise telephone conferences and organise Court Hearings via telephone link. It is not usually necessary for you to come to England.
If you are considering making an application in England and Wales and there is a choice of Jurisdiction then it is important to take legal advice as to which country will best look after your needs. It is also important to act swiftly as often the country which is first seized of the application will retain Jurisdiction. This is the law in Europe and even if another country is more appropriate, there is a first past the post system between European Union countries.
It is also important that you obtain expert international divorce advice as early as possible with regard to the tax implications of transferring assets in or out of the country. Sometimes there are offshore business interests and trusts which need protecting. Or you may need assistance to freeze assets to prevent them being taken abroad.
We can also represent you if you need to implement an aspect of your foreign divorce financial settlement in England, for example, a pension sharing order. This is a specialist area of Family Law that are team can advise you on.
For more information on international divorce or to discuss your circumstances in more detail, please contact us today on 0845 680 6045 and our international divorce lawyers will be happy to assist you.