International Family Law
A lot of couples (and solicitors) do not realise that there are international elements to their case. Unless both partners are English or Welsh and have British nationality and always lived in England and Wales, there is likely to be an international dimension.
It is vital to identify international elements early because a wrong step can easily prejudice the entire case.
The husband and wife are both French and live in various countries. They plan to move to England and the wife moves ahead and issues a divorce in England. On the same day the husband starts a divorce in Paris. The French court did not record the time when the papers were lodged there, but the English court did. Accordingly the English court took precedence and the French divorce was dismissed.
The English court would decide the financial applications under English law, which in a lot of cases (but not always) are much more favourable to the wife.
This area of the website provides free information about:
- some basic principles of English family law;
- which courts have the power to deal with a divorce (including the “Brussels II” Regulation);
- child abduction;
- the procedure under the Hague Convention on Child Abduction;
- prevention of child abduction;
- permission to relocate abroad with a child (“leave to remove”) and
- a list of EU countries.
Elsewhere on our website there is also free information about:
We plan to expand this area with more practical information in the future. If you have topics you think could be covered here, please let us know by emailing Andrea Woelke.
For advice on your specific circumstances contact Andrea Woelke at Alternative Family Law: ring or email us.
April 2009
divorce |
separation |
civil partnership |
children |
finances |
international |
mediation |
collaborative law
© Andrea Woelke 2009-12
3 Southwark Street, London SE1 1RQ, T: +44 20 7407 4007
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Disclaimer
This is an outline of the law, practice and procedure in England and Wales. It should not be taken as specific advice. All families and couples are different. The law may have changed since this was written and we therefore accept no liability for inaccuracies. Where examples are given, your personal circumstances may vary slightly, but the difference may be significant for the outcome of the legal process. Contact us for specific advice on your own circumstances.
We take no responsibility for the content of any web pages linked to outside Alternative Family Law.