Brexit – An International Divorce?

The triggering of article 50 by the UK (whereby Britain will leave the EU) is going to lead to chaos in international divorce cases. At the moment, there is automatic recognition of divorce and custody orders, certainty in terms of jurisdiction and EU wide enforcement of maintenance orders. In the absence of new conventions / […]

Brexit – what does this mean for international divorces?

No-one knows for certain what will happen in international divorce cases when the UK leaves the EU – Theresa May has suggested in the last few days that all EU laws will be incorporated into UK domestic legislation but this is unlikely to benefit UK citizens in international divorce cases unless there are reciprocal rights, […]

Expat Divorce

A recent case involving a British Expat and an Ethiopian national has underlined the risks of dealing with an international case without having expert support. The British husband who was based in Indonesia issued divorce proceedings in England on the basis of his sole domicile, (presumably) believing that this would be straightforward and not expose […]

Expat Divorce and English pensions

The English Court will not automatically enforce orders made by foreign courts on divorce in relation to English pensions. It is, therefore, important to take advice from an international family law expert before a final order is made in a foreign jurisdiction. Ordinarily, the English Court can only make an order in respect of English […]

Expat Divorce

The recent Court of Appeal decision in the case of Mittal has provided much needed clarification on the powers of the English Court to stop divorce proceedings in favour of proceedings outside of the EU. It has long been the position that if divorce proceedings are issued first in England then those proceedings cannot be […]