International Family Law

International Family Law

The global nature of the way in which we live and work can make settlements more difficult if a relationship breaks down.

When partners from different countries separate, it’s vital to have the support and advice of an experienced jurisdiction lawyer.

A divorce or separation is stressful enough, but the intricacies of international law can add to the complexity considerably. Our jurisdiction lawyers can take off the strain by providing simple solutions to complex legal problems.

In addition to our main divorce law team, we also have lawyers who specialise in international family law. Whilst cross-border considerations make child custody and cohabitation arrangements more complicated, our team has the specialist knowledge and experience to achieve the best solution for you and your family.

It’s vital that you have access to advisers who adopt a forensic approach, understand international jurisdictions and are attuned to cross-border relationships, helping to separate assets in different countries with conviction. Protecting you and your international interests is familiar territory for us.

• Whether it is different nationalities, residencies or overseas assets involved, we have the skilled experience to overcome challenges and resolve disputes
• We can help if you are having difficulty in your relationship and are unsure about how your personal affairs will be affected if you split from your partner
• Our highly specialist knowledge covers issues such as jurisdiction choice, financial claims within English or other jurisdictions, and off-shore business interests
• Cross-border disputes about children can be particularly complex as these are governed by national and international law and conventions; there is no substitute for specialist advice on jurisdiction law right at the outset

Seizing jurisdiction
Different countries – including Scotland – may treat assets, income and pensions differently. This can mean that your future financial arrangements can depend dramatically on where you choose to divorce or separate.

You may have a choice of jurisdiction if you are a separating couple with multiple nationalities, domiciles or you live in different countries. We support you with identifying your options so that you can seek the most favourable outcome from any jurisdiction case.

Currently, in EU countries, it’s decided by who issues proceedings first to ‘seize’ the jurisdiction to the exclusion of the other. Rules for non-EU countries look at a wider range of factors, not just who issued first. Changes post-Brexit will make this potentially even more complex, as transitional arrangements may apply.

Child abduction cases are extremely complex and fact specific. Jurisdiction usually depends on Habitual Residence, i.e. where there is a proven close link to a jurisdiction. It is important to seek immediate advice.

International skill and diplomacy
With clarity and accuracy, we give rapid advice about choice of jurisdiction and its favourability for your situation. We always think and act strategically ahead, by taking account of aspects like a country’s legal costs, impartiality and how easy it would be to enforce a court order once made.

Why choose Shakespeare Martineau?

• A top 55 law firm, our team has extensive experience in dealing with cases involving jurisdiction law.
• We bring a personal approach to all of our work, providing sensitive and compassionate advice.
• Having worked with families in many jurisdiction cases in the past, you can rest assured that our solicitors will find the solution that’s right for you.