Foreign Marriages and Divorce

Marital agreements are not yet part of English cultural life. But undoubtedly family lawyers are now being increasingly asked to draft them. For many of us, our continued anxiety and worry is the pressure put on the financially weaker party, often although not always the wife, to enter into an agreement which is less good than relying on the law. Sometimes it can be very disadvantageous.

David Hodson OBE 

If you were married outside of England and Wales it is important to know whether your marriage will be recognised here. This iGuide explains the requirements for a marriage to be recognised here.

On relationship breakdown there is potentially opportunity to divorce or dissolve your civil partnership in more than one country. This iGuide sets out some of the things that you should take into account when deciding where to divorce.

Where you can potentially divorce in one or more European Country extreme caution is required. Our iGuide sets out a little more of the difficulties in this situation.

This iGuide explains some of the issues where one or more countries (one being outside of Europe) can potentially deal with a divorce.

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

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?

Lucy Loizou talks with Hannah Budd about the recognition of foreign marriages and divorces and whether you can claim further financial provision in the event that you have been divorced abroad and feel that you have received an unfair financial outcome

Fatimah Farag, assistant solicitor, looks at the recent decision of AAZ v BBZ and the Court’s approach to the parties’ huge levels of wealth.

AAZ v BBZ, C Ltd and P Ltd [2016] EWHC 3234 (Fam), a financial relief case heard by Haddon-Cave J in late November and early December 2016 with judgment released on 12 May 2017, sees the High Court make one of the largest awards in an English case. 

Even though there has been a divorce abroad the English Family Court has discretion to make a financial order against a former husband or wife. This can overcome financial hardship when the divorce courts of the other country made an inadequate financial settlement.

With more people marrying abroad it is essential that couples consider the legal and practical implications of their foreign marriage.

David Hodson's summary of the content of the Regulation drawing attention to crucial elements for practitioners, clients and future policymakers

Introduction

This paper is the response of The International Family Law Group LLP (iFLG) to the Ministry of Justice’s (MOJ) proposed amendments to Part 9 of the Family Procedure Rules 2010 (FPR).  We are pleased that the MOJ has decided to consult in relation to these issues which have the potential to have significant repercussions for national and international families.