Legal disputes involving families can be complicated and emotionally fraught. This is especially so if children are involved, or if the dispute crosses international boundaries.
If you’re involved in an international divorce, then getting to grips with all of the various moving parts might require that you bring in a reputable solicitor with experience in international family law.
Let’s take a look at a few reasons why the right advice can be so consequential.
Understanding Which Country Has Jurisdiction
Among the first things that you’ll need to establish is which country’s courts are actually going to be looking at the case. This can affect the outcome substantially, as different jurisdictions will tend to take a different view of things like child custody and financial settlements. Working out which country favours your side of the dispute is always worthwhile.
Before Brexit, a system known as the Brussels IIa framework allowed courts in the UK to fall into sync with European nations, and to quickly decide which country had priority over the other, and to establish how children should be returned. Since Brexit, these things are dealt with by a number of domestic laws, and by Hague conventions.
Cross-Border Child Disputes Can Become Urgent Very Quickly
It’s worth thinking about the speed with which child-related disputes can escalate. If child arrangement orders are issued, then the 1980 and 1996 Hague Conventions might compel foreign legal systems to respond very quickly. This is especially so if there’s an accusation of child abduction. If you’re keeping your children away from your spouse in a foreign country, then you’ll need the legal right to do so, if you want to avoid accusations of kidnapping.
Enforcing Overseas Orders Is Often More Complex Than People Expect
The divorce orders and maintenance arrangements made in foreign courts are not always recognised and enforced by courts in the UK. Hague conventions don’t apply in every case, and the legal intricacies that prevail in different countries can vary wildly. For this reason, the right legal expertise can make a significant difference – look for a solicitor with experience in dealing with cases in the country in question.
Brexit Continues to Shape International Family Law Cases
We should be aware that the changes that Brexit has brought about are still being explored. It’s not as though the legal systems in Europe have settled on answers to every question related to cross-border divorces. New judgments are continually being issued, and their implications are continually being picked over. For this reason, you’ll need a solicitor who has kept track of the latest developments.
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