When parents decide to separate or divorce, more often than not they continue to live and work in the same geographical area. However, there are certain circumstances where one parent may need to consider relocating overseas due to a remarriage or change of employment.
There may also be an international-based issue whereby one party may wish to return back to another jurisdiction in order to secure family support and financial assistance.
In these circumstances questions will arise such as:
- what should happen to the child?
- where should the child reside?
- how much time shall each parent spend with the child?
- how can these arrangements be best facilitated?
Our team of experienced family solicitors and lawyers recognise that family dynamics do change and are here to assist and provide guidance on being able to move forward.
In the event that such issues cannot be resolved by agreement between the parties, our family team is experienced to support you through an application for a specific issue order so that the court can determine whether a relocation or change of jurisdiction is in the best interests of the child.
We have a specialist team of solicitors and lawyers who understand that over a number of years many families have migrated across the world for a better career or life and this number has increased substantially over the past 10 years. Many of these families will also have various connections to these countries and or different parts of the UK, where they have built and developed a business and/or hold personal interests or assets.
If you have a connection to another country or a different part of the UK, you or your partner may choose to commence divorce or dissolution proceedings in that area. The area in which your divorce, dissolution or other court proceedings takes place is known as the “jurisdiction”.
Jurisdiction plays a very important role to your case and can determine the outcome of what kind of settlement you can achieve as different countries have different laws and procedures, particularly with regard to financial matters.
Where there is more than one jurisdiction in which your divorce could take place, this can often lead to a race between the parties to be the first to issue proceedings and this could have a detrimental impact on the outcome of your proceedings.
Our team at Montecristo LLP can provide a wide range of advice on issues concerning:
- divorce and separation
- pre- and post-nuptial agreements
- financial disputes following the breakdown of a relationship
- relocation and other matters affecting children
- acquiring UK residence and moving residence from the UK
- the acquisition and disposal of UK residential and commercial property
Our team of experienced solicitors and lawyers often travel overseas regularly to advise our clients on all aspects of their proceedings. We have strong links with professionals in other jurisdictions — in particular, the Middle East, Central Asia, Japan, Korea, North America, Central America, China, India, Pakistan, Hong Kong and many countries based in Europe — and we are able to work with them and with our clients to achieve the best overall outcome for our clients.