24 Jan, 2015 @ 08:00
2 mins read

Things to consider when facing a divorce abroad

divorcing frank arndt
Frank Arndt

By Frank Arndt

THE number of British families moving abroad is increasing every year, be it to Australia, Canada to Spain… but what should you consider before making the leap? And what if it doesn’t work out?

Some couples find living abroad puts an additional strain on their relationship, while cross-cultural marriages often come with their own distinct set of challenges.

In some cases, problems which have not been resolved before the move become even bigger when living abroad.

International family law cases are complex and each case is unique. So prepare for your particular circumstances in advance and make sure that you are not stranded on the Great Barrier Reef or become sleepless in Sevilla.

  1. Put your children first

Make sure you have spoken about arrangements for the children. Consider what should happen if you decide that staying with the children in the foreign country is not for you. Agree in writing beforehand that your partner will consent to your return home with the children if your relationship runs into difficulties. Without such consent it is most likely that you would need court permission to return with the children. Don’t act impulsively. Contact an international family lawyer who has experience in cases like yours. Make sure the lawyer speaks your language and he/she has an international network, especially if you need to issue proceedings in more than one country. Don’t just hope that your spouse will agree to let you leave the new country and will not start child abduction and even criminal proceedings against you.

  1. Living in different countries

If you and your spouse decide to live in different countries following your separation, international issues will have to be addressed about where and with whom the children will live, and arrangements put in place for contact between the children and their ‘non-resident’ parent. In our experience International Mediation experts are extremely effective in helping to resolve these issues. Just remember to put the interest of the children first.

  1. Prepare pre-nuptial and post-nuptial agreements

More and more spouses are considering pre-nuptial and post-nuptial agreements. If you have already a pre-nup, review it. Does it cover you if you move abroad? Has the agreement identified in which country you wish to deal with your divorce and which law should be applied? Have you given consideration as to how your pre-nup might vary abroad? How will capital, spousal, children maintenance and pension arrangements be taken into account? All these can vary from country to country. Did you have special foreign legal advice when you signed your pre-nup? It is essential to seek advice before you go.

  1. International jurisdictional issues

Within the EU we have more and more established rules in place. But what if you move outside the EU or perhaps if you move between several different countries but still keep a house or other property in Britain? These factors can influence the jurisdiction of any proceedings. Each case is different and extremely fact sensitive. All relevant factors in your case have to be taken into account. The following list is far from exhaustive:

. Are you leasing the property abroad/at home?

. What is your immigration position abroad?

. Are your job skills only deployable in a certain country?

. What has been said to friends / family / tax authorities / anyone?

. Where are the bank accounts / credit cards / charge cards or other accounts and what address has been given to the bank?

  1. Time is of the essence

If there is a choice between two EU member states, then the court in which the proceedings are first issued will then deal with the proceedings. This can come down to the time of day the proceedings are issued, not just the date. So don’t delay take immediate legal advice.

Visit www.paradigmfamilylaw.co.uk or email frank@paradigmfamilylaw.co.uk or call 00448456020422 for more info

Click here to read more Crime & Law News from The Olive Press.

Jon Clarke (Publisher & Editor)

Jon Clarke is a Londoner who worked at the Daily Mail and Mail on Sunday as an investigative journalist before moving to Spain in 2003 where he helped set up the Olive Press.

After studying Geography at Manchester University he fell in love with Spain during a two-year stint teaching English in Madrid.

On returning to London, he studied journalism and landed his first job at the weekly Informer newspaper in Teddington, covering hundreds of stories in areas including Hounslow, Richmond and Harrow.

This led on to work at the Sunday Telegraph, Sunday Mirror, Standard and even the Sun, before he landed his first full time job at the Daily Mail.

After a year on the Newsdesk he worked as a Showbiz correspondent covering mostly music, including the rise of the Spice Girls, the rivalry between Oasis and Blur and interviewed many famous musicians such as Joe Strummer and Ray Manzarak, as well as Peter Gabriel and Bjorn from Abba on his own private island.

After a year as the News Editor at the UK’s largest-selling magazine Now, he returned to work as an investigative journalist in Features at the Mail on Sunday.

As well as tracking down Jimi Hendrix’ sole living heir in Sweden, while there he also helped lead the initial investigation into Prince Andrew’s seedy links to Jeffrey Epstein during three trips to America.

He had dozens of exclusive stories, while his travel writing took him to Jamaica, Brazil and Belarus.

He is the author of three books; Costa Killer, Dining Secrets of Andalucia and My Search for Madeleine.

Contact jon@theolivepress.es

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