A child may be abducted into or out of England and Wales. In a successful application for the return of an abducted child, the child will be returned to their home country.
Information and advice on international family law issues in England & Wales.
Perhaps you live overseas but were born in England and Wales, or you were born overseas but now live in England and Wales. Perhaps you have properties and assets in different countries around the world, or consider yourself a citizen of various different countries.
This may mean that:
- you may have the option of divorcing in various different countries or “jurisdictions”, which could drastically affect the outcome of your divorce;
- the tax treatment of your assets could dramatically vary, depending on the countries in which pay tax. Tax treatment of spousal maintenance payments and even whether you need to pay tax on the transfer of the marital home between spouses varies between countries.
- you may wish to relocate outside of England and Wales with your children, or take them overseas for a holiday.
- you should seek additional legal advice in the country you are living in, the country you were born in or potentially other relevant countries.
Your case will be an “international” family law case, because courts in this country will need legal and practical information about the destination in order to be able to make a decision about you case.
Even if you are not currently living in England and Wales, you may still be able to divorce in this jurisdiction.
Moving to England: am I entitled to divorce here?
If you reside overseas and are relocating to England and Wales, you may be entitled to divorce in England and Wales.
Moving with your children
You may need to obtain the court’s permission to move overseas with your children, if the other parent of your children will not agree.
Will my prenuptial agreement be valid if I move to England?
Pre-nuptial, post-nuptial and separation agreements made by couples before or during their marriage in another jurisdiction may also be valid in England & Wales.
FAQ Frequently Asked Questions
Which country should I divorce in? What happens to International Property and Assets? Are you in a polygamous marriage?