International Family Law Solicitors

When family law issues involve more than one country, decisions made at the outset can shape the direction, timing and outcome of the whole matter. Questions around jurisdiction, children, overseas assets, divorce proceedings and enforcement all need to be considered carefully before action is taken.

At JMW, our international family law solicitors advise on cross-border family matters involving divorce, financial settlements, child arrangements, international relocation, child abduction, overseas assets and international family agreements. We provide clear, strategic advice to help you understand your legal position and protect your interests from the earliest stage.

Our international family law team works with individuals, families and professional advisers across a wide range of international family law cases. This includes complex and high-value matters involving business interests, property portfolios, trusts, pensions, international assets and arrangements for children across different countries.

If you need advice on an international family law matter, speak to our family law team in confidence. Call 0345 872 6666 or complete our online enquiry form to arrange a call at a time that suits you.

How JMW Can Help

International family law issues often require a coordinated approach. Your case may involve more than one legal system, assets held overseas, children living or travelling abroad, or urgent decisions about where proceedings should take place. We help you understand the options available and take clear, proportionate steps to protect your position.

Our family law solicitors advise on:

• International divorce and separation
• Jurisdiction disputes and forum issues
• Child arrangements involving more than one country
• International relocation and leave to remove applications
• International child abduction and wrongful retention
• Overseas assets and cross-border financial settlements
• International prenuptial and postnuptial agreements
• Enforcement and recognition of foreign court orders
• Family law matters involving trusts, business interests and international assets
• Coordinating advice with lawyers and advisers in other jurisdictions

We focus on giving practical advice at an early stage, so you can make informed decisions before positions become fixed. In international family disputes, timing can make a significant difference, particularly where divorce proceedings could be issued in more than one country, or where there is concern about a child being taken or kept abroad without consent.

Our team has experience advising on complex international family law cases involving high-value financial arrangements, cross-border disputes, international divorce cases and children matters. We work with trusted international family lawyers and advisers where overseas legal input is needed, helping to keep the strategy clear and consistent across jurisdictions.

Where urgent legal advice is needed, we act quickly. This may include situations involving international child abduction, wrongful retention, relocation without consent, overseas assets being moved, or competing court proceedings in another country. Our role is to help you understand your legal position, protect children where necessary and take the right next step.

Our team of skilled family law specialists is recognised in the Legal 500, Chambers & Partners and the Spear’s 500 for our expertise in complex and sensitive international issues. See what our clients say about our service by visiting our family law testimonials, or see other family law services that we provide by visiting our page of useful family law links.

Meet Our Team

Our international family law team advises on cross-border divorce, children matters, overseas assets and complex family law issues involving more than one country.

Case Study

When Family Matters Involve More Than One Country

International family law applies where divorce, finances, children or family agreements are connected to more than one country.

This may be because:

• One or both parties live overseas
• Children live in, travel to or may be moved abroad
• Assets, businesses, trusts or property are held overseas
• Proceedings could be started in more than one country
• A foreign court order needs to be recognised or enforced

In these situations, early legal advice is important. The first steps taken can affect jurisdiction, timing, financial outcomes and arrangements for children.

Jurisdiction in international family law

Jurisdiction determines which country’s court can deal with your case. In international family law, this can make a significant difference to the process and outcome.

The most appropriate forum may depend on:

• Where each person lives
• Domicile or habitual residence
• Where the children are based
• Where assets are held
• Whether court proceedings have already started elsewhere

If more than one country may be able to deal with the case, you should seek early advice before issuing or responding to proceedings. You can find out more about this by reading our explainer on establishing jurisdiction in international divorce and civil partnership dissolution.

Areas of International Family Law We Advise On

International family law spans many situations where more than one country’s legal system may be involved. Our team advises on the full range of issues, including:

International divorce and separation

International divorce can arise where one or both spouses live abroad, where the marriage took place overseas, or where the family has connections to multiple countries.

These cases often involve:

• Where divorce proceedings should begin
• Recognition of a foreign marriage or overseas divorce
• Financial settlements involving overseas assets
• Child arrangements across borders
• Enforcement of orders in another legal system

Different countries take different approaches to divorce, finances and maintenance. The country where proceedings take place may therefore have a significant effect on the outcome.

Our international family law solicitors advise on international divorce cases involving complex assets, business interests, trusts, pensions, children matters and competing jurisdictions.

Overseas Assets and Financial Settlements

Financial settlements can become more involved where wealth is held across different jurisdictions. Overseas assets still need to be disclosed and considered within divorce proceedings in England and Wales.

These assets may include:

• Overseas property
• International bank accounts
• Business interests abroad
• Trusts and offshore structures
• Pensions and investments
• Family wealth held across multiple countries

The key issues are often disclosure, valuation, enforcement and strategy. We advise on financial settlements involving overseas assets and cross-border disputes, working with lawyers, accountants, trustees and other advisers where needed.

International Child Arrangements

International child arrangements may be needed where parents live in different countries, or where a child regularly travels abroad.

Arrangements may need to cover:

• Where the child will live
• Schooling and holidays
• Overseas travel
• Handovers between countries
• Direct and indirect contact
• Parental responsibility
• Recognition or enforcement of orders abroad

The court’s focus will be the child’s welfare, stability and best interests. We provide clear advice on child arrangements in international family law cases, helping parents protect children and build workable long-term arrangements.

International Relocation and Travel Disputes

International relocation cases arise where one parent wants to move abroad with a child and the other parent does not agree.

A parent should not move abroad with a child without the correct consent or court permission. The court will usually consider:

• The child’s welfare
• The reason for the proposed move
• Schooling, housing and financial arrangements
• The impact on the child’s relationship with the other parent
• Whether the relocation plan is realistic

Relocation cases are evidence-led. We advise parents who wish to relocate internationally, and parents who object to a proposed move.

International Child Abduction and Emergency Protection

International child abduction can involve a child being taken abroad without consent, or  being kept in another country after an agreed trip or stay. This is known as wrongful removal or wrongful retention.

You should seek urgent legal advice if:

• Your child has been taken abroad without consent
• Your child has not been returned after overseas travel
• You believe the other parent may remove your child from the country
• You need emergency court action to prevent travel

Hague Convention applications may be available where the country involved is part of the Convention. If not, a different legal process may be needed.

Our family lawyers advise on international child abduction, wrongful retention and urgent protective steps.

International Prenuptial Agreements and Postnuptial Agreements

International prenuptial agreements and postnuptial agreements can help protect global family assets and reduce uncertainty if a relationship breaks down.

They are particularly useful where there are:

• Assets in more than one country
• Family businesses or inherited wealth
• Trusts or offshore structures
• Property portfolios
• Different nationalities, residences or domiciles
• A possibility of divorce proceedings in more than one country

Specialist advice is essential. An agreement with international elements needs to be considered carefully in each relevant jurisdiction, particularly where family wealth, business interests or assets are held overseas.

International Surrogacy and Parenthood

International family law can also apply to families formed through surrogacy, donor conception or fertility treatment overseas.

These cases may involve:

• Parental orders
• Domicile requirements
• Recognition of legal parenthood
• Immigration and travel issues
• Coordination with lawyers in another country

We advise families on the English law issues that arise from international surrogacy and parenthood, helping them understand the steps needed to secure their legal position.

Working With Lawyers and Advisers in Other Countries

International family law matters often require advice from more than one legal system. This may be needed for overseas assets, foreign court orders, local divorce laws, enforcement, tax or trust issues.

We regularly work with:

• International family lawyers
• Trustees and private wealth advisers
• Accountants and tax advisers
• Valuers and financial experts
• Lawyers in offshore jurisdictions

A coordinated approach helps avoid fragmented advice and ensures that action in one country supports the wider strategy.

What to Do Before You Take Action

If your family law matter involves more than one country, take advice before making major decisions.

Before acting, you should:

• Take early legal advice before issuing proceedings or agreeing terms.
• Identify the possible jurisdictions and whether more than one court could deal with the matter.
• Assess urgent risks involving children, assets, enforcement or competing proceedings.
• Gather key documents, including details of residence, domicile, assets, trusts, children’s arrangements and existing orders.
• Avoid unilateral steps, especially moving children abroad or dealing with significant assets without advice.
• Use specialist international family lawyers who can coordinate advice across jurisdictions.

A structured approach from the outset can help protect your position, reduce conflict and work towards the best outcome available in your circumstances.

Q

How do I make sure child arrangements are followed if my child moves abroad?

A

Clear arrangements should be agreed before a child moves abroad. Where appropriate, these can be recorded in a child arrangements order approved by the court.

In international family law cases, it may also be possible to have an English or Welsh court order recognised or enforced overseas. This will depend on the country involved and whether any international conventions apply.

Our international family law solicitors can advise on the best way to protect your position and maintain a workable relationship with your child across borders.

Q

Can I prevent my ex-partner from moving abroad with our children?

A

Your ex-partner should not move your children abroad without your consent or permission from the court, if you have parental responsibility.

If you do not agree with the proposed move, the court will consider whether relocation is in the best interests of the children. This will include the practical relocation plan, schooling, housing, financial arrangements and how the children’s relationship with you would be maintained.

If you are concerned about a proposed move, you should seek early legal advice before decisions are made or travel arrangements are put in place.

Q

What can I do if I am worried my ex-partner may take our children abroad without permission?

A

If there is a real risk that your children may be taken abroad without consent, you should seek urgent legal advice immediately.

Depending on the circumstances, urgent steps may include:

• Applying for a prohibited steps order
• Asking the court to restrict travel
• Requesting passport-related orders
• Seeking a port alert in genuine emergency situations
• Informing the police where there is an immediate risk

It is usually easier to take protective action before a child leaves the country than to secure their return afterwards.

Q

What if my ex-partner will not agree to me moving back to my home country with our children?

A

You cannot move a child to another country without consent from everyone with parental responsibility, or permission from the court.

If the other parent does not agree, you may need to apply to the court for permission to relocate. The court will consider whether the move is in the child’s best interests.

A relocation proposal will usually need to cover:

• Where the child will live
• Schooling and healthcare
• Financial stability
• Family support in the new country
• How the child will maintain a relationship with the other parent

We advise parents on both making and responding to international relocation applications.

Q

How does the court decide which country should deal with my case?

A

The court will consider jurisdiction. This means deciding which country has the authority to deal with the case.

The relevant factors may include:

• The child’s habitual residence
• Each person’s domicile or residence
• Where divorce proceedings have already started
• Where assets are located
• The country with the closest connection to the dispute

Jurisdiction can affect financial settlements, child arrangements and enforcement, so it is important to take early advice before starting or responding to proceedings.

Q

What if my case involves assets in another country?

A

Overseas assets still need to be disclosed and considered in divorce proceedings in England and Wales.

This may include:

• Property abroad
• International business interests
• Offshore accounts
• Trusts
• Pensions or investments held overseas

Cross-border financial settlements often require coordinated advice from lawyers, accountants, tax advisers or valuers in other countries. Our family law team can help you understand how overseas assets will be considered within your financial settlement and what steps may be needed to protect your position.

Q

Can international prenuptial or postnuptial agreements be recognised in England and Wales?

A

International prenuptial and postnuptial agreements can be relevant in England and Wales, but their treatment will depend on the circumstances.

The court may consider:

• Where the agreement was made
• Whether both parties received independent legal advice
• Whether there was full financial disclosure
• Whether the agreement is fair
• Whether the agreement meets the needs of any children

Where assets, family wealth or business interests are held in more than one country, specialist advice is essential. We can review an existing international agreement or prepare an agreement designed to support your position.

Q

When should I seek urgent legal advice?

A

You should seek urgent legal advice if:

• Your child has been taken abroad without consent
• You believe your child may be removed from the country
• Your child has not been returned after overseas travel
• Court proceedings have been started in another country
• Assets may be moved, hidden or dealt with overseas
• You need to respond quickly to an international family law matter

Early advice can make a significant difference, particularly where children, jurisdiction or overseas assets are involved.