Enforcement of foreign family law & divorce orders
Our team of experienced international family law lawyers is dedicated to helping clients navigate the complexities of enforcing foreign family law orders.
We provide tailored advice and representation to ensure that our clients’ rights are protected and their interests are safeguarded.
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.
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.
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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 choose our solicitors to help with enforcing foreign family law orders?
At Moore Barlow our solicitors can help support you with enforcing foreign family law. By working with us you are choosing a team with extensive experience in navigating complex international legal systems. We understand the importance of enforcing foreign orders quickly and efficiently, and we work tirelessly to protect our clients’ rights and interests. With our expertise and dedication, you can trust us to help you achieve a successful outcome.
How can our solicitors help with enforcing foreign family law orders?
Our solicitors have extensive experience in enforcing foreign family law orders. We can guide you through the complex legal process and ensure that the order is recognized and enforced in the UK. Our team can provide expert advice and representation to help you achieve a successful outcome, regardless of the jurisdiction involved. We are here to support you every step of the way.
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.
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Frequently asked questions
Do I need a solicitor to enforce a court order?
No, you do not necessarily need a solicitor to enforce a court order. However, hiring a solicitor can provide legal expertise and guidance throughout the process, increasing the chances of successfully enforcing the court order.
Can a foreign family law or divorce order be enforced in my current country of residence?
It depends on the specific laws and regulations of your current country of residence. Some countries may recognize and enforce foreign family law or divorce orders, while others may not. It is advisable to consult with a legal professional in your country of residence for accurate information and guidance.
What is the process for enforcing a foreign family court or divorce order?
The process for enforcing a foreign family court or divorce order involves filing an application in the local court where enforcement is sought. The court will review the order and may issue an enforcement order, which can be used to enforce the order in that jurisdiction.
How long does it take to enforce a foreign family law or divorce order in my current country?
The time it takes to enforce a foreign family law or divorce order in your current country will vary depending on the specific circumstances, the complexity of the case, and the legal processes involved.
Are there any special considerations or legal requirements for enforcing foreign family law or divorce order?
Yes, there are special considerations and legal requirements for enforcing foreign family law or divorce orders. These may include recognizing and implementing international treaties or agreements, determining jurisdiction and applying the principles of comity, and ensuring that the foreign order is not against public policy or fundamental rights.
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