Divorce is one of the biggest life decisions an individual has to deal with. The complications of unravelling every aspect of your life from where you live to dividing your assets and sometimes personal possessions can seem extremely challenging. If you feel that there is no other option then the issues that arise must be worked through. Many people have never encountered a legal situation before and can feel daunted by the prospect. The whole issue becomes more complicated if the two parties are nationals of different countries and can be infinitely more so if there are children involved.

The first issue to be faced is which jurisdiction in which to start divorce proceedings, depending on your circumstances, this may be of vital importance as different countries may have a bias which may result in a less favourable settlement. In order to make such a decision, you will need the advice of a cross-border family lawyer to enable you to make an informed decision that is in your best interests. There are some rules governing the choice of jurisdiction such as the domicile of a couple during the course of their marriage and of course, the nationality of each party. There a variety of things to consider, there will be even more issues now the UK has separated from the EU.

At present, during the transition period, the previous harmonisation and reciprocal arrangements will still stand with regard to the enforcement of court orders made in the UK. Once the transition period is over and the question of enforcement of court orders from England and Wales arises, if a divorcing couple are each living in a different country, the enforcement of court such orders will be dealt with under the national rules of private international law relating to that country, or new law will be created to address this issue. So far there is no guidance from British government sources other than the following statement: “a close cooperative relationship between the legal systems of the UK and the EU is required”and hopes that “an agreement with the EU that allows for close and comprehensive cross-border civil judicial cooperation on a reciprocal basis, which reflects closely the substantive principles of cooperation under the current EU framework”. The lawyers in Legal Law Limited’s family law team believe that as it is in the best interests of all parties and governments to facilitate legal processes as expediently as possible; it is highly likely that reciprocal arrangements will be put in place across the EU Member States and England and Wales.

Our family law team firmly believe that all complex or sensitive arrangements in connection with children should be negotiated and settled through mediation if at all possible not fought out in court. The often tough decisions that couples are frequently faced with are far more likely to sustain if a mutual decision can be reached rather than a court-imposed decision which may, over time, breakdown.

Separation or divorce are rarely easy, but with the assistance of an experienced legal team, you can achieve the best possible outcome in a difficult situation.