International Divorce – What should you do?

October 6, 2015 Off By Laura TMOT
As an international family, it can become extremely complicated to separate from one another, as there are so many variables to consider. Even if you both normally live in different areas of the UK, the laws can be subtly, but still importantly, different. Where you choose to make your settlements can have a huge impact on the final outcome, so it’s a good idea to swot up on international divorce, before you make your first steps towards your new, single life.
 
To help you make the right decisions, we’ve partnered with lawyers Barlow Robbins to provide a basic breakdown of things to consider.
 
The Basics of International Divorce
 
If your partner decides to start up divorce proceedings in a country that you don’t live in, it will entirely depend on where this nation is as to how you will go forward with your separation. For example, if you live in the UK and they live in a non-EU country, this will have a different impact to your case than if they reside in an EU country.
 
Divorce in Other Areas of the UK
 
Divorce in England and Wales is the same, however, Ireland and Scotland do things a little differently. If either of you lives in these different territories, you will have to consider how this will affect your settlement.
 
Divorce within the EU
 
You are allowed to take care of your divorce within any EU country (each has their own rules), but you really have to be careful here. If you want the divorce to take place in your country of choice, whoever files for the divorce first will automatically be granted the legal proceeding on their country’s terms. If you care about where your divorce takes place, get in there quickly!
 
Prenuptial Agreements
 
You may not be surprised that prenuptial agreements are still very uncommon – it’s a practical and sometimes negative-feeling decision to make in a positive and happy situation after all. Although prenuptial agreements are often binding and completely honoured in certain countries, other countries don’t put the same weight on this contract, so be really careful here.
 
Where Will You File For Your Divorce?
 
Take advice from a solicitor, as they will be able to show you your best option, based on your case.
 
What to Do Next
 
Consider mitigation, if you can’t come to an amicable resolution with your ex-partner. It’s unlikely to end on friendly or fair term if it goes to court, and mitigation is a nice middle ground that involves your solicitors. It’s important to try to compromise, and this avenue can save you both money, too.
 
Should You Take Legal Action?
 
In cases where you feel as though an amicable agreement cannot be reached, and that you will be left with an unfair outcome, you should take legal action, as once these assets have gone, there is nothing that you will be able to do to get them back again.