International Family Law

Our Family team can help you with all aspects of international law. Our solicitors have experience advising on legal matters in multiple international jurisdictions.

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International Family Law

Our international family law solicitors at BBS Law are skilled in dealing with the complexities of cross border laws and regulations, find out here how we can help.

What is International Family Law?

International family law involves a consideration of family law when one or more countries is involved in a case, in addition to England and Wales.

It encompasses situations where family relationships cross international borders, and the laws of multiple jurisdictions may be relevant. Understandably, this can be complicated, which is why it is important to have competent International family law solicitors by your side.

When May International Family Law Disputes Occur?

International family law disputes are more common than you may think, but this doesn’t make them any less complicated. Our team of international family lawyers at BBS Law solve such disputes, carefully taking into consideration all of the intricacies that come along with these cases.

There are some common instances that come along with these family law cases, for example, disputes can arise over which country the divorce should take place, where children will live or visit, and how financial settlements on divorce can be enforced.

As well as that, nuptial and cohabitation agreements may involve arrangements to be made regarding assets in multiple jurisdictions.

International family law has developed as a result of families from other countries settling in the UK, and working and settling elsewhere. Disputes over where to issue divorce proceedings are more and more common requiring the expertise of international divorce lawyers to handle.

Such disputes have become more complex following Brexit, the UK’s departure from the EU, as the jurisdiction determining financial settlements, in particular maintenance awards, have to be negotiated or adjudicated.

The Role of Children in International Family Law

One of the key issues that makes international family law so intricate is the involvement of children, in particular younger children as the issue of custody is also a big one.

Often there may be disputes around the relocation of children, meaning disputes can arise where a parent with care of the children intends to move to another country against the other parent’s wishes.

In cases such as these, early specialist legal advice is always recommended.

Child arrangements may also need to take account of holidays abroad, longer periods abroad in addition to relocation. Our team of international law solicitors can advise on arrangements that need to be put in place before children are taken abroad.

At BBS Law, we have developed a niche in Anglo-Swedish matters over many years and regularly accept instructions from Swedish nationals.

Nuptial agreements and cohabitation agreements are negotiated for couples who wish to confirm their intentions as to property ownership and may wish to ring fence their assets in the event of relationship breakdown. If these assets are held in other countries, these agreements are negotiated also with the benefit of foreign legal advice.

Solutions to International Family Law Disputes

Mediation and arbitration are good alternative out of court solutions to litigation disputes, which ensure that the process can be kept confidential, more amicable as well as more streamlined.

ADR or alternative dispute resolutions are a more stress free method of dealing with international cases. This can include the aforementioned mediation and with the facilitating of negotiation there can be a resolution found seamlessly without the need for litigation.

However, we do understand that litigation is sometimes necessary, meaning the team here will deal with the multi-jurisdictional issues that can arise in these complex cases and be on your side, even when times may feel a little bit lost.

Trust in our team of skilled international family lawyers at BBS Law to help you on your case.

Areas of Expertise

Anglo-Swedish Matters
Disputes over where to issue divorce proceedings
Mediation and Arbitration
Child abduction
Child arrangements
Cohabitation agreements
Nuptial agreements
Financial claims on divorce
International Family Law Post BREXIT
Relocation

Our International Law Experts

Head of the Family team is Joanna Toloczko, who has considerable experience in advising on financial settlements involving complex assets and substantial wealth, and on cohabitation. Her work often involves international aspects, and settlements involving commercial risks, such as insolvency or liquidity issues.

We also have a consultant on our team, Peter Martin, who is the examiner for the Law Society Specialist Accreditation Panel on international issues and the team as a whole are members of the Official Solicitor’s International Child Abduction and Contact Unit Panel of Solicitors, instructed in both The Hague and European Conventions. Peter also has close links to the Child Abduction Lawyers Association.

Frequently Asked Questions

What is the Hague Convention?

If you live abroad, you can obtain a divorce in England and Wales provided you can prove that your spouse is domiciled and habitually resident in England and Wales. If neither of you are resident in England and Wales, but you wish to divorce in England and Wales, you may need to move to England and Wales for a period of between 6 and 12 months to establish habitual residence and domicile. Early specialist legal advice is recommended if you are planning to live in England and Wales to establish habitual residence or domicile. Before divorcing in England and Wales, you should consider which is the country which has the most connection for you and your spouse, including where the assets are situated and in which country any children of the marriage are living.

Can I divorce abroad?

If you were married in England and Wales, or are living in England and Wales, you may be able to divorce abroad if you or your spouse can establish jurisdiction. If you or your spouse are eligible to divorce in the EU, in situations involving other EU countries, the first country in which divorce proceedings are issued will be where the divorce takes place (lis pendens). In other countries, it is more likely that the country with the closest connection (forum conveniens) will be the country where the divorce takes place. In all such instances, a combination of English and foreign legal advice is strongly recommended.

How to get a divorce when you are married in another country?

If you are married in another country, you will be eligible to divorce in England and Wales provided that you are able to establish jurisdiction (habitual residence and domicile). Before commencing divorce proceedings in England and Wales, you will need a certified copy translation of your marriage certificate (if it is not in English). You should check that the marriage celebrated in the other country was a qualifying or binding religious wedding ceremony in that country or if it was a religious as opposed to a secular marriage.

Do I need to register my marriage in England and Wales if I get married abroad?

As long as the marriage abroad was validly celebrated within the laws of that country, there is no need to register your marriage in England and Wales. If your marriage was not validly celebrated or you entered into a non-qualifying or non-binding religious ceremony abroad, you will then need to register your marriage in England and Wales to ensure that you are treated legally as being married.

You are recommended to take legal advice from a specialist family lawyer in the country in which you were married to confirm your marital status if you are in any doubt as to the legal status of your marriage celebrated abroad or the status of any religious wedding ceremony you may have been through. If you are not treated as legally married abroad, you may not be entitled to the same financial remedies in England and Wales that are available to couples who have been validly or legally married.

What is the Hague Convention?

The Hague Convention, coming into effect in 2025 in the UK, refers to not just one, but multiple international treaties and protocols to create uniform legal standards in complex areas of law such as international child abduction, civil procedure, and the protection of children in intercountry adoption. The most well-known is the Hague Convention on the Civil Aspects of International Child Abduction, which aims to ensure the prompt return of children wrongfully removed or retained across international borders.

How are child custody disputes handled when parents live in different countries?

In international child custody disputes, determining which country’s courts have jurisdiction is key. At BBS Law, we can guide you through this process, helping to apply international treaties like the Hague Convention to secure custody agreements.

The welfare of the child is the primary consideration, and UK courts aim to work with foreign courts to find solutions that uphold the child’s best interests, including ensuring access to both parents, regardless of borders.

What can I do if my child has been wrongfully taken to another country by their other parent?

If your child has been wrongfully taken to another country, you can seek legal action under the Hague Convention on Child Abduction to have your child returned. You would need to fill in the necessary applications, liaising with authorities in the country where your child has been taken. It is a fickle and stressful situation, but the right legal team can guide you through it.

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Needing a lawyer in a different country was a bit overwhelming living in the US. Gemma Barnhurst was lovely to work with. She put me at ease and provided good counsel. I am glad I was referred to BBS Law by a friend and would recommend them to anyone else needing similar services.

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