International Divorce: How to Manage Complex Financial Matters with Confidence – If you’re looking to terminate a marriage to a foreign national (or, indeed, any marriage that spans national borders), then you may face a number of additional hurdles before you can make the divorce legally binding. Let’s take a look at those hurdles, and establish how we might go forward.
Understand Jurisdiction and Why It Matters
Jurisdiction matters in cases of international family law. Following Brexit, UK courts no longer employ ‘Brussels IIa’ rules. Instead, they determine which forum has the closest connection to the family in question.
The court with proper jurisdiction can hand out remedies, and issue binding financial orders, based on its own internal rules. This might influence the length of time you wait, and the way that shared assets like pensions are divided.
Full and Frank Financial Disclosure Across Borders
Under UK law, a failure to disclose a given asset might incur legal penalties. If you hold many assets in many territories, then you might have difficulty getting them all transparently valued and presented to the court. But a failure to do so might be interpreted as a malicious attempt to conceal your true worth – which, depending on the jurisdiction, can have major financial implications.
Explore Financial Relief Options After a Foreign Divorce
Under Part III of the Matrimonial and Family Proceedings Act 1984, courts in England and Wales are empowered to provide financial relief following a divorce that took place overseas. It is there as a safety valve, correcting financial outcomes that are perceived to be unjust.
If you want to take advantage of these protections, and others, then you’ll need to consult with an expert in international family law. This will allow you to determine the appropriate way forward.
Enforceability of Orders Abroad
In February 2025, a Turin-based court was presented with a request that an English financial order, issued in West London, should be enforced. The court rejected the request, ordering the London-based party (the ex-wife) to pay the legal costs.
This is just one example of how courts in different jurisdictions can take very different views of divorce proceedings, and that, even when financial orders are secured in one territory, there’s no guarantee that they will be enforced in another.
Stay Updated on Legal Reforms and Court Decisions
The Standish v Standish ruling clarified that non-matrimonial assets like inheritances should remain separately owned, unless they have been actively shared. It’s worth paying attention to cases like this one, and their implications for your own situation – as the intricacies of divorce law, especially when it comes to complex international arrangements, are constantly shifting. If you want to understand how a court is likely to act, then you’ll need to understand the basic concepts in play, even if you don’t intend to represent yourself.
Poppy Watt