Cross-border Enforcement of Financial Orders

In international divorce cases you may need to enforce a Family Court Order in another jurisdiction. Such orders usually relate to securing assets as part of a settlement.

If your former spouse lives or works overseas you may also need to enforce judgments relating to ongoing child or spousal maintenance.

This is a complex area of the law. If possible, you should gain legal advice from all jurisdictions before agreeing your final settlement. This will ensure that arrangements regarding overseas assets are both feasible and in your best interests.

Can I enforce my English Financial Order for maintenance abroad?

This is very likely. England and Wales has reciprocal arrangements with countries around the world to enforce financial orders which are required to meet a person’s needs, such as child and spousal maintenance.

Can I enforce my English Financial Order for assets abroad?

The situation regarding assets which have been divided in the interests of fairness, such as property and pensions, is more complex. Enforcement depends on the order and where it is going to be enforced. If you are divorcing in this country, but have property abroad, it is advisable to gain legal advice before any agreements are made.

Can I enforce my foreign Financial Order in England?

This is usually possible if the divorce is recognised in this country, but it will depend on the arrangements that are in place between the English government and the country in which the order was made.

Legal Advice

For further advice, arrange a confidential meeting by calling +44 (0)20 7993 2936 or click here to complete a contact form.

Filed Under: Insight

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