Many of our cases cross jurisdictions and involve conflicts of law and cross-border disputes. We regularly advise clients on international issues arising in cases involving finances, agreements and arrangements for children and seek advice from our international network of family lawyers on the application of foreign law.
In cases involving foreign nationals and parties who divide their time between England and Wales and other jurisdictions, it may be possible to commence proceedings in two or more jurisdictions. The choice of jurisdiction can have a significant impact on the value, structure and enforceability of the financial settlement, so it is imperative for clients to seek advice on the forum and the financial consequences of divorce in other jurisdictions before commencing or defending proceedings.
As specialist family lawyers we consider all jurisdiction related issues. We advise our clients on the forum which is most appropriate and advantageous for them in the circumstances of their case. In cases where there is a choice of two or more jurisdictions, we act swiftly and strategically in consultation with foreign lawyers to secure their preferred forum for the dispute.
In some cases it is open to parties to make financial claims in England and Wales following an overseas divorce, irrespective of whether financial orders
have been made overseas, under Part III of the Matrimonial and Family Proceedings Act 1984 (otherwise known as Part III). This is a useful provision in cases where there is a UK pension fund and a pension sharing order cannot be made overseas.
The use of Part III after foreign proceedings can be considered ‘a second bite of the cherry’, which is not permitted under English law. As experienced family lawyers, we consider if a claim under Part III is possible and is likely to be successful, as well as guide our clients through each stage of the court process if any application is made.
We deal with international recognition and enforcement of family court orders made in England and Wales, and with recognition and enforcement of international family court orders in England and Wales.
The procedures for enforcement vary and can be complex, depending on the jurisdiction in which the order was made, and where it is to be enforced, so advice should be sought from an expert family lawyer before any process is commenced.
Families often have links to other countries, and a parent may wish to take their child to live permanently in another jurisdiction, whether this be following the breakdown of a relationship in England and Wales, the formation of a relationship with a new partner who lives abroad, or an offer of employment overseas, or simply a desire to return to their native country or emigrate to another country where their family has settled.
It is necessary for a parent to obtain the consent of all parties with parental responsibility to permanently remove their child from England and Wales to live in another jurisdiction. If the required consent is not provided, the parent must apply to the family court for an order permitting the desired move.
There are many factors to be considered by the court in deciding whether to give permission for a child to be relocated permanently overseas. These cases can be difficult for clients and for the wider family, both practically and emotionally. Each case is determined on its own facts, and the welfare of the child is the court’s primary concern.
As international relocation specialists, we consider the merits and provide strategic guidance on how to maximise the prospects of success when acting
for the applicant parent in an international relocation case. We also advise on the steps which can be taken by a respondent parent who wishes to resist an application for permission to remove.
We are part of a global network of family lawyers who put our clients in touch with lawyers and other professionals in other jurisdictions or engage with them on their behalf to provide comprehensive legal advice and a connected legal and professional service in every international case.
Sheridans has a specialist family team which provides advice in all aspects of family law, within a leading media, entertainment and technology law firm. We understand our clients’ needs for discretion, personal and bespoke advice in order to manage highly sensitive family cases.
Sheridans is a leading media and technology law firm whose lawyers combine in-depth legal and commercial knowledge with breadth of expertise and experience to give unparalleled advice to their clients.
