Divorce and Foreign Property

Getting divorced can be a very stressful process and can be especially so if there is the added complication of property or other assets abroad.

Overseas properties frequently feature in the assets of divorcing couples and depending upon circumstances, it may be possible to issue the divorce proceedings in more than one jurisdiction. The approach of the court in different countries or even different regions of the same country,  may be very different. In England and Wales after only a few years of marriage, the starting point when looking at the division of matrimonial assets will most likely be one of equality. However, if for example, the divorce proceedings are issued in Spain, in whose name the asset is registered will be of great relevance and can significantly alter the overall settlement.

Parties cannot simply choose in which jurisdiction they want the proceedings to be conducted, the relevant criteria has to be met before a petition can be issued. If the circumstances are such that more than one jurisdiction is available then careful thought needs to given as to whether there is an advantage to be gained. A situation where one party wants the proceedings in one jurisdiction and the other wants the proceedings elsewhere can arise at which point acting quickly can be key.

If the divorce proceedings are here in England and there are assets abroad then care needs to be taken regarding how those assets are dealt with. Although the English courts will in most cases have the authority to deal with property overseas, enforcing the order abroad can be problematic. Making sure that the order is worded in a way which is compliant with the law of the country/region is essential. The wording of the order must be acceptable to the foreign jurisdiction as otherwise it may prove difficult if not impossible to enforce.

The tax implications of dealing with assets abroad also needs to be carefully considered and will likely require specialist advice.

At Chadwick Lawrence we have experience of dealing with divorce involving overseas assets and have professional contacts outside the U.K. that we can call upon for specialist advice. Considering the implications of overseas assets at the outset can save time and costs. An early awareness of the potential problems and issues can be of invaluable assistance.  For advice on this, or any other family law matter, contact our specialist team of family lawyers today on 0800 015 0340 to arrange an initial free half hour appointment at any of our offices in Huddersfield, Halifax, Wakefield, Horbury, Leeds, Pudsey or Morley.