Many people facing the breakdown of their marriage now find that their situation has an international element. This could be because, for example:
- Their marriage took place abroad;
- Either one or both of them were born in a country other than England;
- They have lived for some, or all of their married life, in a country other than England;
- They have property abroad;
- They are concerned as to whether their marriage abroad or divorce abroad will be recognised in England;
- They are concerned about child custody/residence, access/contact or child abduction.
If there are international elements, speed is very important to ensure that the courts of a particular country are able to deal with the case before discussing mediation, collaborative law or counselling (please see our section on 'where to divorce').
Where a case involved international elements, it is very different from a purely domestic family law case and specialist legal advice is essential.
Financial and other outcomes differ enormously from country to country. One particular factual situation may produce a very different result depending on where the divorce takes place. Simply because a marriage took place in a particular country does not mean that the divorce has also to take place in that country. Equally, where a couple were married in England, it may be advantageous to one party to be divorced in another country with which there is a connection.
(References to English law are to the law applicable in England and Wales. Scottish law – including that dealing with divorce and arrangements for finance and children on divorce – is very different.)