Choosing the forum
We advise whether England and Wales has jurisdiction and is the better forum for you, and how to issue or respond so the right court decides.
Family LawInternational Family Law Solicitors
International Family Law Solicitors
RakLAW Solicitors advises families whose lives cross borders: divorce where one of you lives abroad, disputes over which country's court decides, assets in more than one country, overseas divorces that need recognising here, and children who may move, be taken or need contact across a border.
Our international divorce lawyers are at 42 Shad Thames in Southwark, a short walk from Tower Bridge. We offer a free 15-minute consultation, act on a privately funded basis and do not offer legal aid.
International Divorce and Family Law Advice
A family case becomes international as soon as one person, one asset or one child is connected to another country. The court in England and Wales can hear a divorce where a connection listed in section 5 of the Domicile and Matrimonial Proceedings Act 1973 exists, such as domicile or habitual residence here, and another country's court may also be able to hear it.
A recognised overseas divorce can be followed by a financial claim here under Part III of the Matrimonial and Family Proceedings Act 1984, with the court's permission. The 1980 Hague Convention provides a return procedure for children under 16 wrongfully removed or retained, and the 1996 Hague Convention allows orders about parental responsibility and contact to be recognised and enforced between contracting states.
Each card below leads to a detailed page. Immigration consequences of a relationship ending belong to our family immigration team; domestic divorce and money questions sit in our divorce and separation and financial settlements sections.
Which International Family Law Service Do You Need?
International Family Law Route Finder
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Understanding International Family Law
Three questions run through every international family case: which court has jurisdiction, what orders it can make, and whether its order will be recognised and enforced in another country.
- Forum: if proceedings about the marriage are continuing abroad, the court here must be told and may stay its own case where the balance of fairness favours the other court deciding first.
- Recognition: a divorce obtained by proceedings abroad is recognised if it is effective there and either spouse was habitually resident, domiciled or a national of that country.
- Money: where an overseas divorce is recognised and you have not remarried, Part III of the 1984 Act allows an application here with the court's permission.
- Children: the 1980 Hague Convention, given the force of law by the Child Abduction and Custody Act 1985, provides for the prompt return of a child under 16 wrongfully removed or retained, subject to limited exceptions, and the 1996 Convention covers recognition and enforcement of orders about parental responsibility and contact.
The United Kingdom is one of 103 contracting parties to the 1980 Convention and one of 58 to the 1996 Convention. Where the other country is not a party, the options are negotiation, mediation, proceedings there or an application to the High Court under its inherent jurisdiction. Our international law services page covers the firm's wider cross-border work.
Evidence and Common Issues
International cases turn on documents that prove connection and status: the marriage certificate and any foreign divorce decree with certified translations, evidence of where each of you has lived, worked and paid tax, court papers from the other country, and for children the passport details, any child arrangements order and the written consent of everyone with parental responsibility.
Common problems include a spouse issuing first in a country that suits them, a foreign divorce granted without proper notice, an order that cannot easily be enforced abroad, and a parent who kept a child overseas after a holiday. Where domestic abuse is part of the picture, call 999 in immediate danger or the National Domestic Abuse Helpline on 0808 2000 247; our domestic abuse and injunctions team advises on protective orders, and in a Hague case the court can refuse return where there is a grave risk of harm to the child.
When Legal Advice Is Especially Important
Whether a case is stayed for a court abroad turns on the balance of fairness, a foreign divorce can be finalised before you have taken advice, and the longer a child remains abroad the more relevant the settled-in exception in Article 12 of the 1980 Convention becomes. Take advice before issuing or responding to a divorce with a foreign element, the same day a child is taken or kept abroad, and before signing a nuptial agreement under another country's law.
Cross-border mediation can resolve contact and relocation disputes, and Reunite International Child Abduction Centre runs an advice line and mediation service; see our mediation and out of court options page.
How an International Family Case Works
The first steps are the same whether the case is about the marriage, money or a child.
- 01 Free 15-minute consultation
We identify every country connected to you, your spouse and your children, and which of the areas above applies.
- 02 Jurisdiction and recognition check
We test the section 5 grounds, the 1986 Act recognition conditions and the section 15 links for a Part III claim, and advise whether to issue here or wait.
- 03 Urgent protection where needed
In a child case we contact ICACU, ask the police for a port alert where the risk is real and imminent, and apply to the High Court for passport orders and, where it has the power, return orders.
- 04 Documents and the application
We gather certificates, translations, evidence of residence and domicile, foreign court papers and financial disclosure, then issue or respond while pursuing agreement where it is safe.
- 05 Order, recognition and enforcement
We obtain the order here, then deal with recognition or enforcement abroad, or registration of a foreign order here.
How Our International Family Law Solicitors Can Help
Divorce with an international element
Our international divorce solicitors handle the application, certified translations, service on a spouse abroad and the interaction with proceedings elsewhere.
Money across borders
We identify and value overseas assets, pursue disclosure, bring or defend Part III claims and plan enforcement where the asset is.
Children across borders
Our international child abduction lawyers act for left-behind parents and for parents facing a return application, and handle relocation and cross-border contact cases.
Agreements that travel
We draft and review international prenuptial and postnuptial agreements with disclosure and independent advice on both sides.
Why Choose RakLAW Solicitors?
Regulated and accountable
RAKLAW Solicitors Ltd is regulated by the Solicitors Regulation Authority, SRA number 8007405, and our family law fees are published openly.
Family and immigration under one roof
Where a separation affects a visa or settlement, our family and immigration solicitors advise together.
Plain English on complex rules
Jurisdiction, recognition and the Hague Conventions explained in everyday language.
A short walk from Tower Bridge
Our office at 42 Shad Thames, London SE1 2YD is close to Tower Hill, London Bridge and Bermondsey stations.
Free 15-minute consultation
A first conversation at no cost helps you decide what needs doing now, and whether you need a solicitor here, abroad or both.
International Family Law FAQs
Can I get divorced in England if my spouse lives abroad?
Yes, if a jurisdiction ground in section 5 of the Domicile and Matrimonial Proceedings Act 1973 applies, such as domicile here or a year's habitual residence here. The marriage must be legally recognised in the UK, and the court needs your spouse's address for service.
We married abroad. Can we divorce in England and Wales?
Yes, provided the marriage is legally recognised in the UK and a jurisdiction ground applies. You will need the original marriage certificate or a certified copy, with a certified translation if it is not in English.
What if my spouse starts a divorce in another country first?
You must tell the court here about those proceedings. It may stay the case here if the balance of fairness, including convenience, delay and expense, favours the other court deciding first.
Is my overseas divorce valid in the UK?
A divorce obtained by proceedings abroad is recognised under the Family Law Act 1986 if it is effective there and either of you was habitually resident, domiciled or a national of that country. Recognition can be refused under section 51, for example where one spouse had no notice.
I was divorced abroad and got nothing. Can I claim here?
Possibly. Part III of the 1984 Act allows a financial application after a recognised overseas divorce if you have not remarried or formed a civil partnership, a section 15 jurisdiction link applies and the court grants permission on a substantial ground.
Can I take my child to live abroad?
Only with the written consent of everyone with parental responsibility or the court's permission. Where a child arrangements order says the child lives with you, you may take them abroad for less than a month without consent unless the order says otherwise.
What should I do if my child has been taken abroad?
Contact us and ICACU straight away, and report the removal to the police. ICACU sends your return application to the central authority of a 1980 Hague Convention country and its courts decide it; elsewhere the options depend on that country's law.
Can the police stop my child leaving the country?
Where the danger of removal is real and imminent, the police can place a child under 16 on the port alert stop list without a court order; the alert lasts four weeks unless renewed. The court can also order passports to be surrendered.
Will a foreign court respect a contact order made here?
Between 1996 Hague Convention countries, orders about parental responsibility and contact made in one can be recognised and enforced in the others. Elsewhere, recognition depends on that country's own law.
Are foreign prenuptial agreements enforceable in England?
A foreign agreement cannot oust the court's power to make financial orders. Since Radmacher v Granatino, though, the court gives effect to a nuptial agreement freely entered into with a full appreciation of its implications unless it would not be fair to hold the parties to it.
Do you offer legal aid for child abduction cases?
No, we act on a privately funded basis only. A parent outside the UK who applies through ICACU for the return of a child brought to England and Wales gets public funding regardless of means and a solicitor from ICACU's referral list. Our clients instruct us directly, often as the responding parent here or the parent whose child was taken abroad.
How much does an international divorce cost?
Court fees are published on GOV.UK, with help with fees for people on certain benefits or a low income. Our own charges are on our family law fees page.
Speak to an International Family Law Solicitor
Whether you need to decide where to divorce, protect assets abroad or bring a child home, a free 15-minute consultation with a RakLAW international family law solicitor will help you understand your options.
Request a call back and tell us briefly what you need advice on.