International Family Law - Questions & Answers

Q: Will the English Court recognise a foreign marriage?

A: Wherever possible an English Court will recognise a foreign marriage subject to clear evidence of the legal ability of one person to marry the other and confirmation that the marriage was in accord with the practice and custom of the foreign jurisdiction.

Q: Can I start proceedings in England/Wales even though I live/have lived abroad?

A: Despite the fact you and/or your spouse may have lived, or still live abroad, it may be possible to commence proceedings here. This will depend upon a number of factors including where you live, where you were born, where you intend to live and whether Court proceedings have been started elsewhere. It is vital that you obtain legal advice upon this issue immediately as if proceedings are started elsewhere it may be too late to do so in England/Wales.

Q: Can I start proceedings in England/Wales even though I/my spouse am not English/Welsh?

A: Again it may be possible to start proceedings in this jurisdiction even though you and/or your spouse are not English or Welsh. This will depend upon a number of factors including where you have lived and for how long, where you intend to live in the future and again where you were born. If the issue concerns a child who lives in England then it is highly likely any proceedings concerning that child will need to be started here.

Q: Can I seek a financial settlement in England/Wales if I was divorced in another country?

A: Provided you can establish the English/Welsh Courts have jurisdiction in the same way as if you were trying to start proceedings here then the Courts can grant you financial relief based upon a foreign divorce. This can be done even if a financial order was made abroad. Each case will be decided upon its own merits and proving jurisdiction is just the first step.

Q: Can I take my children to live abroad without the other parent's consent?

A: This is a complex issue and you should take specialist advice as soon as possible before considering such a step.You will need the other parents consent if they have Parental Responsibility (see Q&As under "children") or if they have an order in children proceedings such as a contact order. There are other circumstances that make it wise to consider seeking permission from the Court first. Removing a child without either consent or an order where the other parent has such rights could be criminal offence and could give rise to proceedings in the High Court under the Hague Convention requiring the child to be summarily returned.

Q: What is the Court's approach to a parent's application for permission to relocate to another jurisdiction with the children of the family?

A: In these cases the welfare of the child is always paramount. There is no presumption in favour of the parent who makes the application, although a well presented case can be difficult to oppose. The Court will consider amongst other matters the motivation for the move and look very carefully at the practical arrangements for the child's financial support, education and contact with the parent left behind. It will also look at the effect of refusal of permission upon the applicant parent, the effect upon the child's new family and how the child is likely to be affected by limitation of contact with the other parent.