International Divorce

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  • Our Approach

    At Branch Austin McCormick we understand the importance of early legal advice in what can be a fast- moving scenario. For example, an urgent Court application might be required to freeze assets to prevent them from being moved abroad.

    We work with lawyers across the world to ensure that you make the best decisions for you and your family at the earliest opportunity. We help you make decisions on the best place to divorce if you have the option to divorce in more than one country.

    Even if your divorce proceedings and financial matters are dealt with through an English Court you might have property or other assets abroad and we can liaise with family lawyers abroad to ensure that your financial settlement takes account of all assets at home and abroad.

    If your children have been taken abroad without your permission, time is of the essence and we can move quickly with any Court applications that might be necessary through the English court.

    Our lawyers have a broad range of experience to advise and assist on the added complication that comes from a divorce case with an international element.

  • Do you have to get divorced in the country in which you were married if you got married abroad?

    No in most cases so long as your marriage is recognised by the English Court, and you can establish a connection with England (or Wales).

  • How do you establish a connection with England or Wales?

    To apply for a divorce through an English Court you will need to find out if the English Court has the right and power to deal with your case. That right and power is called “jurisdiction.” You cannot just pick the country where the law seems most advantageous to you and start your divorce proceedings there. You will need to show that the country of your choice has the jurisdiction to deal with your divorce.

    The rules for establishing jurisdiction in England can be complicated and they relate to being a national of this country, being habitually resident in this country or being domiciled here.

    At Branch Austin McCormick we can explain to you in detail what these terms mean and if they apply to you.

  • How to decide which country to divorce in

    If you can get divorced in more than one country because you can establish jurisdiction in more than one country, which country you apply for a divorce in will depend upon the following:

    • The types of financial orders that the Court can make in your favour – the Courts in England are usually more flexible.
    • How easy it is to enforce Court orders made by one country in another country.
    • The length of time it might take to get divorced and deal with children’s issues and financial matters and the costs involved.

    At Branch Austin McCormick, we can give you detailed advice on the above and we would always encourage you to take legal advice on these matters from a lawyer in the other country in which you have the option to divorce.

    If there is more than one country that you can divorce in, the Court will usually decide sometimes as a first step if you have a strong enough connection to get divorced in that country. If there is disagreement between your spouse or civil partner and yourself over which country to get divorced in, you could end up with divorce applications in two different countries. This is known as a “forum dispute.” Forum disputes are lengthy and expensive. You would need to consider very carefully whether the benefit of pursuing a divorce in England, for example, was worth the fight. We can advise and guide you on these very important decisions and provide robust representation on any forum dispute that you choose to pursue through an English Court.

  • Memberships and Accreditations

    Our family lawyers are members of the national family justice organisation, Resolution, which promotes a constructive and cost-effective approach to family law issues — and that’s why we also have divorce and family law solicitors who are qualified as collaborative practitioners so that we can offer you Collaborative Family Law.

    This allows us to work together with other collaboratively trained divorce and family law solicitors to find solutions for your family without Court intervention.

    We also have experts who are Law Society Accredited and on the Law Society’s Family Law Advanced Panel. Where family law disputes cannot be resolved through negotiation and agreement, we take a firm and proactive approach to court proceedings. It is this experience and outlook that makes us stand out from the crowd.

    Resolution Family and Divorce Lawyer Mayfair London Saika Alam    The Law Society Family Accreditation Family and Divorce Lawyer Mayfair London Saika Alam  Collaborative Family Lawyer The Law Society Family Accreditation Family and Divorce Lawyer Mayfair London Saika Alam

  • Complimentary Consultation

    If you would like to find out more about how our team of specialist family and divorce lawyers based in London can support you then please get in touch.

    You can book a complimentary 30 minutes consultation session with our friendly and knowledgeable Head of Family Law, Saika Alam. In the session, Saika will learn more about the challenges that you are facing and talk through how we can help.

    We understand that it is so important that you get to speak to your divorce and family lawyer before you make any kind of commitment to use them. You need to get to know your divorce and family lawyer as much as we need to get to know you. That is why we do not make a charge for your initial consultation with us.

    Book your consultation

Family and Divorce Lawyers | London Mayfair | Branch Austin McCormick

Contact Us

Saika Alam Head of Family Law

+44 (0) 20 7851 0110

sa@branchaustinmccormick.com