International Divorce Solicitors
International Divorce Solicitors
At HM & Co. Solicitors, our elite international divorce team has extensive experience handling cases across the globe, including throughout Europe, Australia, the Middle East, the United States, Africa, and Asia.
Your International Divorce Partners
- The UK’s largest law firm dedicated exclusively to family matters
- Tailored, empathetic advice designed around your specific circumstances
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An international divorce arises when a divorcing or separating couple has connections to more than one country. For example, you may have relocated from the UK and be living abroad, you and your ex-partner may reside in different countries, or your ex-partner may hold a different nationality.
Because divorce laws vary by country, the outcome of an international divorce depends heavily on the jurisdiction in which proceedings are issued. These cases can be complex, so seeking professional advice from an international divorce solicitor ensures you consider all options and protect you and your family’s interests.
Jurisdiction in International Divorce
When initiating an international divorce, it’s crucial to determine which country’s courts will handle the proceedings—this is known as jurisdiction.
What is Jurisdiction?
Jurisdiction refers to the country in which the court will address the divorce, financial settlements, and any child-related matters.
How is Jurisdiction Determined?
If your divorce has an international element, you may have the option of divorcing in more than one country. However, you must have a legitimate connection to the jurisdiction where you wish to file, such as:
- Habitual Residence: The country where you regularly live or are currently living
- Domicile: The country considered your permanent home
- Nationality: Being a national (citizen) of that country
- Place of Marriage: The country where you were married
Our Expertise in All Aspects of Divorce
- Spousal maintenance
- Child maintenance
- Arrangements for children
- Religious divorce
- Jewish divorce
- Islamic (Sharia) Law divorce
- Expat divorce in the UAE (Dubai)
- Expat divorce in Spain
- Expat divorce in Singapore
International Divorce and Finances
While tax and pension considerations can be complicated in any divorce, international cases often involve additional factors that differ between countries.
In England and Wales, the divorce process is separate from the financial settlement. Although not recommended, it’s legally possible to finalise a divorce without agreeing on a financial settlement.
In other jurisdictions, however, the divorce and financial aspects may need to be resolved together. Understanding these differences is key to securing the best outcome, and our team is here to guide you through every step.
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What Our Clients Are Saying
I have been using HM & Co. Solicitors since Feb 2020 for my Non-Molestation order and Child Arrangements proceedings. Since using them I have had two amazing solicitors on my case, Felicia and Ayesha.
This has been the first time I have ever been to court and had been quite nervous, especially due to the sensitivity of the proceedings. Felicia and Ayesha have been nothing but patient, professional and understanding.
I have felt very supportive and reassured throughout the proceedings and they have made sure that I understand what is going on throughout all the hearings.
If anyone is ever needing of legal help relating to Domestic Violence or Child Arrangements, I will always recommend HM & Co. Solicitor, Felicia and Ayesha.
Thank you again for all your help and support!
Love to say a massive thank you to HM & Co.Solicitors for a job well done on my two cases, really excited with the way my case was handle by Miss Daisy was amazing with good communication with client, very supportive, professional. I will recommend them to anyone experiencing legal/family issues and need legal advice/support. Miss O Adesina.
HM & Co. Solicitors are so helpful from receptionists right to the solicitors. I've had a few applications made to the court, which includes a non molestation order, recovering my son's passport from his dad and also arranging visits and Felicia is such a professional, organised solicitor who knows her staff so well. She is a blessing and willing to help. She thinks outside the box, and finds solutions in the blink of an eye! Besides her expertise in this field, she will not hesitate to speak up and stand firm when necessary. I am very grateful for her and the company who are so supportive and helpful. Highly recommend!
HM & Co. Solicitors provided an excellent service when supporting us to purchase a flat (where we are first time buyers).
Michael, our solicitor, explained the process clearly so it was not stressful, and acted efficiently to speed up the process. He also ensured we did not exchange immediately due to uncertainty over building works, which saved us a lot of money in the long-run. His judgement calls were excellent and ensured we came out with the best deal possible. I would not hesitate to work with HM &Co Solicitors again.
Shocked and surprised!
I entered the HM & Co Solicitors on Lower Road in what can only be described as a highly agitated state. I had been told a variety of information from another company and had been told I needed services from a solicitor. After explaining my situation to the gentleman I now know as Mr Hakeem Ayantayo (solicitor) he advised me that I did not need his services and to offer them to me for monetary gain would be against good public practise. He offered me friendly advice and even briefly spoke on the phone to the other company who were trying to make things difficult for me. Ultimately the situation I was in was resolved due to Mr Ayantayo and his due diligence. Mr Ayantayo could have taken advantage of my ignorance and lack of lawful knowledge but instead showed me kindness and support all while not fleecing me! Which in this day and age is a rarity! My sincere thanks to Mr Ayantayo and his lovely secretary you have restored my faith in not only the local business community but people in general.
Your Questions, Answered
FAQs
International Divorce FAQs
Where will my divorce case be heard?
The location in which your divorce case will be heard depends on several factors. Previously, within the EU, the concept of a ‘race for jurisdiction’ meant that the first country in which divorce proceedings were successfully filed took precedence. Post-Brexit, this is no longer the rule.
Now, if there is a dispute over whether England and Wales or another country (including those in the EU) should handle the divorce, the court will consider which country has the strongest connection to the couple. That jurisdiction’s laws will apply when resolving issues related to the divorce, financial settlements, or child arrangements.
Where is the best place to divorce?
No two countries have identical divorce laws, making the choice of jurisdiction a significant decision. Your assets may be treated differently depending on which country hears your case, which can affect the financial outcome.
It’s advisable to seek guidance from an international family law expert, such as HM & Co. Solicitors. We can help you understand the advantages and disadvantages of initiating proceedings in England and Wales, compare these to other potential jurisdictions, and ensure you have all the information needed to make an informed decision.
Without accurate advice, achieving a fair settlement may be more challenging.
International Child Custody
Child arrangements can be more complex in international divorces, especially if one parent plans to relocate abroad. Shared custody may be more difficult due to geographical distances.
Our team is experienced in handling international child custody matters and will prioritise you and your family’s needs throughout the divorce process.
International divorce and financial settlements
A financial settlement establishes how assets and liabilities are divided after separation. While it’s legally possible to reach an agreement without professional assistance, complex international and high-net-worth divorces can benefit significantly from experienced legal support.
Capital Gains Tax (CGT) and International Divorce
Generally, transfers of assets between spouses do not trigger CGT if they are living together at some point in the relevant tax year. For main residences, gains are typically exempt, but this exemption can be time-limited if one spouse leaves the matrimonial home.
Inheritance and International Divorce
Transfers between spouses remain exempt from Inheritance Tax (IHT) until the final order is pronounced. If one spouse is not UK-resident, a limit of £325,000 applies to tax-free transfers.
Pensions and International Divorce
Pensions can be complicated in international divorces. Different countries may treat post-tax pension splits differently. In England and Wales, the courts may use pension sharing, offsetting, or attachment orders to address pension division.
We will assess your personal circumstances and offer international divorce advice tailored to your needs and jurisdictional considerations.
Contact HM & Co. Solicitors’ International Divorce Lawyers
At HM & Co. Solicitors, we understand that every international divorce is unique. With a dedicated team experienced in global family law matters, we’re well-equipped to guide you through the complexities of your cross-border divorce.
For expert advice on the most appropriate and relevant jurisdiction for your divorce, contact us at:
HM & Co. Solicitors
186 Lower Road, Surrey Quays, London SE16 2UN
Telephone: 02071128180
Email: info@hmsolicitorsltd.com
Remember, divorce laws and processes differ considerably from country to country. Seeking advice from an international family lawyer about the most suitable jurisdiction is a crucial first step in securing the best possible outcome for your case.
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