How to ensure foreign orders made in an international divorce
A foreign order or judgement may be issued in one jurisdiction in an international divorce case to secure assets in another jurisdiction. Some jurisdictions have reciprocal arrangements with the UK or treaties that make the enforcement of foreign orders easier, but if such arrangements do not exist, it can be more complex to resolve.
Our family law specialists are experienced in dealing with enforcement of foreign orders, and we will help guide you to achieve the best possible outcome.
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Why might you need to enforce foreign court orders?
There are several reasons why you might require the services of an experienced solicitor to help with the enforcement of foreign orders. The assets secured by the courts of England and Wales may be based in a different country for example, and one may need help navigating how to secure those assets, or there may be an order from another country that you need enforcing against assets here such as property or business assets.
In an international divorce, a foreign court order may be required to achieve a fair settlement covering all the assets or to enforce child arrangements.
If you wish to enforce foreign court orders relating to a separation, divorce, or child arrangements, then we strongly recommend you seek the assistance of an experienced specialist lawyer. At Moore Barlow, we have an expert team of solicitors who have vast experience operating in international family law.
How do you enforce a foreign order in the UK?
The UK has reciprocal arrangements with a number of other countries to enforce foreign orders. For UK divorces with overseas assets, such as property and pensions, the situation is more complex. For example, an order made in the courts of England or Wales to enforce a property sale or transfer may not be recognised in the country where the property is located. If you are issuing a divorce in the UK but have property abroad, you may need expert legal help to make sure that your best interests are represented in the arrangements made.
Similarly, if your divorce has been secured abroad, you may need a subsequent order from the courts in England and Wales to deal with UK-based assets. There are certain statutory criteria that need to be satisfied before a court here will accept an application, and much depends on your connection with the UK.
Can you divorce without a financial order?
Yes, theoretically you can, however it is best to seek one as without a full and final settlement your ex-spouse may still be able to make financial claims against you. This can cause you more financial stress in the future and make matters more difficult to resolve.
At Moore Barlow, we have a great team of international family law solicitors who can help you with any foreign financial orders you wish to enforce.
Why Moore Barlow?
Moore Barlow solicitors are experienced in dealing with foreign orders from all types of jurisdictions. We will explain how the courts of England and Wales will deal with enforcing foreign family law orders and the steps required by you in regard to this.
With our expert team working across our offices in London, Richmond, Southampton, Guildford, Lymington and Woking, we offer specialist support to clients on a local, national and international level. Contact us for more information.
If you require legal advice or help concerning the enforcement of foreign orders, or any other queries related to international family law, contact the Moore Barlow team today.