Jurisdiction for Divorce in England
Jurisdiction for divorce in England is based upon habitual residence or domicile in this country. If one or both parties were to leave the country then the ability to use England’s jurisdiction for divorce may be lost. It might be important for one of the parties to issue divorce proceedings in this country because the approach taken to financial settlement may be more beneficial to that party as opposed to the approach taken in another country.
Child Arrangements
Jurisdictional issues with Child Maintenance (CMS) and difficulties with enforcement of CMS. It may be difficult to enforce Child Maintenance payments if a parent moves with the children to another jurisdiction.
Child abduction issues. One party may leave the country with the children of the family and if one party refuses or the other parent unilaterally removes the children an application will need to be made to the Family Court on an urgent basis to obtain their return.
Prenuptial and Postnuptial Agreements
If the parties have entered into a Prenuptial or Postnuptial agreement in England and relocate to another country the parties will need to obtain a mirroring agreement in the country they now reside.
How can Goughs help?
As family law solicitors we can provide you with tailored and specific advice regarding any of the issues raised above. If you need any further advice, get in touch with one of our family lawyers who can assist with answering any questions that you may have.