International Divorce Financial Settlements and Your Rights

05 October 2016

It’s not unusual for couples to live abroad, and also to marry and divorce outside of the UK. However, careful consideration needs to be given to the financial consequences of an international divorce and how it can affect the financial claims that you may have against your spouse and the likely settlement you will achieve.

A Financial Settlement Abroad

Often if you are getting divorced abroad, you will have assets abroad and these will be dealt with as part of the divorce settlement in that country. Foreign legal jurisdictions can often make Court Orders similar to those made in English law (the legal system of England and Wales) in relation to assets such as property.

What If I Live in the UK and Divorced Abroad?

If you have a sufficient connection to the UK (England or Wales?), you may be able to apply to the English Court for a financial settlement even if you were divorced abroad and your financial claims were addressed by that Court.

An application of this kind requires the Court’s permission, and that permission will only be granted if there are substantial grounds for the making of an Order. The main purpose of this type of application is to alleviate the adverse consequences of inadequate financial provision being made by a foreign Court in circumstances where there are substantial connections with the UK.

Court applications of this nature are complex and specialist legal advice is required.

If you have been divorced abroad and either the financial arrangements were not dealt with, the Court Order is insufficient to meet your needs, or you have a substantial connection to the UK and you feel your financial settlement is too low given the assets in your case, call our specialist International Divorce Solicitors for free initial legal advice.

Outside the UK call 44 161 855 8357 Monday - Friday from 9am - 5:30 GMT

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