Insights

Family and relationships: key tips for international clients

8/02/2019

Expatriates living overseas

  • Are you or your spouse living overseas but domiciled in the UK?
  • Do you intend to return to the UK?

Broadly speaking, domicile is a person's permanent home, but you do not automatically lose domicile if you leave a country. If you believe that you or your spouse is domiciled in the UK, then the English courts may have jurisdiction in relation to your divorce. We can advise on all aspects of divorce and separation.

Pre- and post-nuptial agreements

  • Do you have assets in the UK?
  • Are you considering relocating to the UK?
  • Do you want to protect:
    • Inherited wealth;
    • A family business;
    • Family heirlooms;
    • Property owned before the marriage?

In England and Wales, if you divorce and don't have a prenuptial agreement, the starting point for the Courts is to divide all of the assets equally between the couple. There is an increasing trend towards individuals seeking to provide a framework for the division of finances in the event of separation.

Our team is experienced in drafting and negotiating both pre- and post-nuptial agreements (frequently with an international element) tailored to meet the specific needs of the client, whether they are the stronger or weaker financial party.

Children

  • Does your child live or attend school in the UK?

We offer extensive expertise in relation to international issues concerning children, and act for parents, step-parents, grandparents, alternative families and those who otherwise play a role in children’s lives.

Cross-border disputes

  • Do you and your spouse have different nationalities?
  • Do you and your spouse spend your time in different parts of the world?

A number of countries may have jurisdiction to deal with divorce proceedings if you and your spouse have different nationalities or spend your time in different part of the worlds. The choice of forum can have a significant impact on the outcome of a financial case and the time the divorce process takes. 

Our team have significant experience in advising clients at the earliest opportunity.  The firm is the UK member for Meritas and LAW, worldwide networks of law firms and our solicitors are members of other international associations, including the International Academy of Family Lawyers, the China Britain Business Council and the Group 48 Club (an Anglo-Chinese organisation). 

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