Dividing finances across borders: Navigating international divorce this festive season

As the festive season approaches, many of us are thinking about togetherness, celebration, and new beginnings. But for some, this time of year also marks a turning point in personal relationships — including the breakdown of international relationships. When a divorce involves international elements, such as overseas assets, foreign pensions, or parties living in different countries, untangling finances can feel anything but merry.

Under English law, the courts have wide powers to deal with financial matters on divorce, even where there are international aspects. However, the process can be more complex when:

• One or both parties live abroad
• Assets are held in other jurisdictions
• There are competing divorce proceedings in different countries

Key considerations for international financial settlements:

1. Jurisdiction: The English court must have jurisdiction to deal with the divorce and financial claims. This usually depends on where the parties are domiciled or habitually resident
2. Disclosure: Full and frank financial disclosure is essential — and more challenging when assets are held overseas or in unfamiliar legal systems
3. Enforceability: Orders made in England may need to be enforced abroad. It’s important to consider whether foreign courts will recognise and enforce English financial orders
4. Timing: International cases often take longer to resolve, so early advice is crucial — especially if you're hoping for a fresh start in the New Year