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Enforcement of Foreign Financial Orders

Applying international legal expertise

If you have divorced in another country it may be necessary for you to enforce a financial order in England. Alternatively, you may need to enforce an order made in England in another country.

England has a number of bilateral, multilateral and international conventions with countries around the world to allow for the reciprocal enforcement of family court orders.

You may need to enforce a foreign court order in England if a foreign financial order provided for:

  • An English property to be transferred to you
  • A payment of a lump sum and the person due to pay this to you lives or works in England or has assets here
  • A pension sharing order of a UK pension
  • A payment of maintenance to you (or your children) and the person due to pay this to you lives or works in England or has assets here

This is a complex and technical area of the law and it is important that you take specialist legal advice. We are often instructed by foreign lawyers on behalf of their clients before foreign orders are made to ensure that they can be enforced in England.

The method of enforcement will depend on the type of order being enforced and the country where the order was made. The arrangements for the enforcement of orders vary hugely from one country to another.

We can advise and act for you in relation to any enforcement proceedings. If you need to enforce an order abroad we are able to provide you with details of specialist family lawyers outside of England.

 

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Guidance

iGuide: Enforcement of Financial Orders in England

iFLG provides guidance on enforcing financial orders through the Courts in England

iGuide: Enforcing English Financial Orders Abroad

The enforcement of orders abroad can be a complicated process. This iGuide explains a little of the procedure involved.

iGuide: Variation of Financial Orders

iFLG provides guidance on the variation of financial orders 

iGuide: Enforcing Foreign Financial Orders in England

The enforcement of orders made abroad in England is a complex area. Here is our iGuide to the process.

FAQ: Enforcement of Foreign Financial Orders

Frequently asked questions ­about Enforcement of Foreign Financial Orders

Podcast: Family Cases with an International Dimension

David Hodson speaks on family cases with an international dimension. For a lawyer dealing primarily with purely national cases, it can be rather a shock when a case arrives with an international element. What should the practitioner be alert to and what issues should be looked at?

The Family Law Show: Programme 7 - Finances & Assets upon Divorce

Lucy Loizou and Carmel Brown discuss how financial matters are dealt with on divorce

Pensions with an international element

Pensions within family law is a complex topic. When there is also an international element, the subject can become exceedingly complex. The issue may arise when there are English proceedings with a foreign pension, foreign proceedings with an English pension and in decisions taken about appropriate forum for the proceedings. The issue may arise before the final order and settlement is made or on implementation and enforcement. This article was published in the Family Law Journal (Legalese).

The International Family Law Group’s response to the Law Commission consultation on the enforcement of family financial orders

iFLG have submitted their response to the Law Commission’s consultation in relation to the enforcement of family financial orders.