Family Law in England

In contrast to most European countries which have civil codes, English law is a combination of statute and precedent. While continental jurisdictions have property regimes that allow spouses and registered partners to work out who will received how much on a divorce or dissolution of the partnership, English law has no property regime in this sense. Instead a courts have a discretion and decide what is a fair order to make.

For these reasons it is vital to consult an English family law expert in family cases which have or could have an English element.

Parental Responsibility and Moving Abroad

In English law in most cases both parents have parental responsibility for children, even after a divorce or civil partnership dissolution. That means that the parent with residence cannot just move abroad, but needs the permission of the other parent or the court. Broadly speaking a well-founded and well-prepared application has chances of success.

If however, someone takes a child across an international boundary out of or into England and Wales, an application can be made to the court for the return of the child. In the EU and in other countries who are members of the Hague Convention on Child Abduction this is relatively streamlined and there are standard procedures. For other countries, the law will differ depending on the two countries involved. In any case urgent action is necessary.

European Family Law

Even in the area of family law, the EU has created new law. So for example in the case of a divorce wherever the divorce is first lodged at court will determine where it is heard. This may not make much of a difference between some countries because the courts of both countries will apply the same law, depending on the nationality or habitual residence of the couple. This is not the case in England where English courts will always apply English law for the divorce and all financial aspects resulting from it, even if for example two German nationals are divorcing in England who have only lived here for a short period.

Therefore it is vital in all cases with an international element that EU law is considered. Parties and their lawyers should contact lawyers in the relevant jurisdictions to obtain advice on the law and on the conflict of law rules of the various countries.

Andrea Woelke is an expert on international family law and chairman of the Resolution International Committee.

For advice on your specific circumstances contact Alternative Family Law and Andrea Woelke.

Links

Divorce

Financial Issues on Divorce

Financial Orders on Divorce

Civil Partnership Dissolution

divorce | separation | civil partnership | children | living together | international | inheritance claims
© Andrea Woelke 2008