Divorce for British and Foreign Nationals in the courts of England and Wales

Divorce is one of the biggest decisions that most people make, it is also likely to be the most emotive decision they will make.   It is extremely important to consider carefully the steps that are taken and to seek legal advice from the outset as miss-steps, even at the earliest stage could significantly affect your future if the eventual outcome is less favourable to you.

Giambrone & Partners family lawyers have particular expertise in multi-jurisdictional divorce cases with a well-earned reputation for negotiating fair financial settlements agreeable to both parties.  Our lawyers are committed, unreservedly, to obtaining the best results for our clients; their wealth of experience and legal expertise enables them to guide our clients through even the most complex matter.

Divorce

The relatively recently enacted  Divorce, Dissolution and Separation Act 2020 has removed the acrimony that frequently surrounded divorce as it is no longer necessary to prove grounds for divorce, other than the fact that the relationship has broken down irretrievably.  Fortunately, there are no longer protracted bitter legal battles over which party is to blame for the breakdown of the marriage or civil partnership.  The updated provisions reduce the opportunity for either party to delay the divorce, with only limited exceptions to challenge the divorce.  The lack of jurisdiction of the court to hear a matter is a potential reason to defend an application for divorce in England and Wales. It is advisable to obtain legal advice on the merits of any application issued in England and Wales where there are cross-border issues.

However, the way in which financial arrangements and child arrangements are dealt with remains the same. These issues are often the most divisive and can lead to prolonged disputes.  There is an expectation by the court that a couple will be able to agree amicably on the division of matrimonial assets.  Giambrone & Partners’ family lawyers often assist and advise our clients on how to achieve a reasonable division of matrimonial assets, often through Alternative Dispute Resolution (ADR) prior to issuing proceedings.

If it has not been possible for the couple to agree, once financial order proceedings are issued the court will list a Financial Dispute Resolution (FDR) hearing.  This provides a good opportunity to reach a solution quickly to enable the divorce to be completed with no delay.  However, if this is unsuccessful the court will list a final financial hearing and make the decision. An FDR is heard before a judge on a “without prejudice” basis and is intended to provide the couple with a clear idea of what the view of a court is likely to be in light of the evidence provided should the matter have to be decided through the court. The parties must disclose all their financial assets and provide supporting evidence of their financial position during the course of financial order proceedings.

Daniel Theron, a partner, recommends “once the financial arrangements have been finalised, a Consent Order should be sought which is legally binding and enforceable document that will guarantee a clean financial break between the parties reducing the risk of any further financial applications in the future.” Daniel further commented. “this is particularly important if there is resentment or ill-feeling between the couple as it largely removes the risk that an ex-spouse will attempt to make a further financial claim on their previous partner following divorce.”

Cross-border Divorce

The lawyers in Giambrone & Partners’ expert family team are well suited to advise in a divorce where one party is a foreign national.  Giambrone & Partners has offices throughout Italy, as well as offices in Spain, Portugal, France, Tunisia and Scotland. There are over 20,000 divorces cases heard in the courts in England and Wales involving a foreign national each year, in part due to what is perceived as the fairer division of matrimonial assets and the equal weight given to the spouse who maintains the child-rearing responsibilities to that of the breadwinner.

There is no defined legal ruling on the way matrimonial assets are divided in England & Wales, there is a presumption of a 50/50 split as a starting point but this depends on many factors including (but not limited to) the income and earning capacity of the parties, length of the marriage as well as the financial needs of each party, the standard of living enjoyed by the parties when married, age of the parties and the contributions made by each party towards the relationship. All these issues must be given consideration before a settlement can be proposed.

Initially, in a cross-border divorce, our family lawyers will establish whether the parties fulfil the criteria required to be able to divorce in the courts of England and Wales. Once this has been established, the spouse instigating the divorce will need to secure all the documentation required, such as the marriage certificate and evidence to demonstrate residence in the UK. 

Our multi-jurisdictional family lawyers recognise the additional sensitivities involved where the divorcing couple are nationals of two different countries and have many years’ experience of achieving the best possible outcome in the circumstances.

Daniel Theron, advises on litigation in family law, employment, cross-border debt recovery and defamation.  Daniel has considerable expertise in contentious cross-border family law, including complex financial arrangements and enjoys a high level of success in both debt recovery and employment law. 

Daniel enjoys a reputation of being meticulous in his analysis of the merits of a matter and tenacious in his pursuit of a successful outcome for clients.  He frequently impressively navigates challenging situations culminating in an excellent level of achievement, in excess of all expectations.

If you would like legal advice and assistance with regard to divorce in the courts of England & Wales please contact Daniel's clerk Sam Groom on SG@giambronelaw.com or please click here.