Division of International Property in Divorce
Getting divorced can be a very stressful process and can be especially so if there is the added complication of overseas property or other international assets. If you and your spouse own foreign property together, our divorce solicitors can help you come to an agreement that meets the best interests of you and your family.
Assets such as property that are held overseas can be treated like any other asset in a divorce and considered for financial settlement.
If you or your spouse have assets held abroad, it can often make the divorce process more complicated. At Anglo Law Solicitors we draw on years of experience to make your divorce as stress-free as possible, even when dealing with foreign-held assets.
Free Initial Consultation
We understand that you’ll want to discuss your options and find out more about how we can help. We offer both appointments throughout the day and out of hours to accommodate our clients. We are happy to meet you at our offices across London, Essex or Kent. To find out more about free initial consultations, please call us on 020 3753 4667 or email
Financial Orders in Divorce
When a relationship breaks down, and steps are taken to dissolve the marriage, financial matters such as the division of assets, both in the UK and abroad will need to be addressed separately. A divorce only deals with the actual marriage, it does not address the financial assets. To lay out what will happen to property, money and other assets, you’ll need to get a Financial Order from the Court.
The Court will exercise its discretion to make a ruling on what should happen to property abroad. The financial circumstances of both the person applying for the Financial Order (the Applicant) and the other person (the Respondent) will be taken into consideration before approving a Financial Order, even where the application is made by consent. This will include not only available assets, such as bank accounts and property, but also income and outgoings, liabilities and savings.
International Property
Dividing assets is always complicated, but when the assets are in a different country, the process can be more drawn out and complex. There are several factors that are of importance during these types of divorce cases, and they are:
- Time and cost
- Whether the property can be traced
- Whether or not the property held abroad is matrimonial property
It is always advised and helpful to keep track of where assets are located, regardless of whether you anticipate a divorce further down the line or not. This can save a lot of time and money in locating them.
In some instances, spouses may hide assets overseas to prevent their spouse from getting them, but this has several negative consequences. Firstly, it can prolong the proceedings and increase costs. Secondly it can also impact your case quite severely, affecting how much money you may receive in any settlement.
In the event that overseas assets are located, they can form part of the Financial Order issued by the Courts. However, even if this is the case, it may not always be possible to retrieve them, even with an Enforcement Order. This is because the Courts in the overseas country may not uphold the order.
Where The Divorce Takes Place (Jurisdiction)
When it comes to the financial outcome of a divorce, the jurisdiction can have a substantial effect. Many couples do not realise that they could seek a divorce in several locations, depending on where they work, where they live permanently or where they were born.
Before starting divorce proceedings, you should also examine whether the court will have the power to enforce any financial orders made in relation to overseas property. You should also be aware that the jurisdiction you choose may not recognise any existing nuptial agreements or marriage contracts, if they were drawn up in a different country.
It is therefore vital for international couples to get advice from an international divorce specialist about the best place to seek a divorce, as it could have a major impact on any final settlement.
Matrimonial Property
In the division of assets, spouses can make more of a claim to any property that is classed as ‘matrimonial property’. These assets include any money made during the marriage, and assets ‘enjoyed’ during the marriage, such as a family home.
It is important that you seek the assistance of professional Solicitors before you enter into these proceedings. Anglo Law Solicitors have a wealth of experience in all aspects of international divorce law, and as such we are perfectly placed to offer our assistance in the division of international property.
Prevention Better Than Cure
It is important for international couples to get legal advice before moving abroad, marrying or divorcing overseas, particularly if one or both of you have significant wealth or assets.
Don’t assume that any agreements (prenuptials, postnuptials or marriage contracts etc) made in one country are automatically legally binding in another country (if you divorce there).
International divorce and dividing international property can be extremely complex.
Contact Our International Divorce Solicitors
The right solicitor changes everything. Anglo Law Solicitors provides expert legal advice on International Divorce and Overseas Assets.
Speak directly to a family solicitor now on 020 3753 4667 or complete our online contact form for your free consultation.
We serve clients across the following areas
London areas - City of London, Aldgate, Tower Hamlets, Spitalfields, Westminster, Kensington & Chelsea, Southwark, Bishopsgate, Canary Wharf, Islington & Highbury, Angel, Belsize Park, Hampstead, Swiss Cottage, Finchley.
Essex - Chigwell, Hainult, Woodford, Epping, Chafford Hundred, Chelmsford, Brentwood, Upminster, Grays.
Kent - Tunbridge Wells, Tonbridge, West Malling, Maidstone, Sevenoaks.
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