Your options for enforcing foreign orders in England depend on numerous factors. What methods are available to you? It depends not only on the judgment in question but also on where it originated. Under common law, usually only final orders obtained in a foreign jurisdiction can be enforced.

The crucial distinguishing factor is what kind of treaties the originating country and the UK have entered together. For instance, while the UK maintains bilateral enforcement rules with some governments, others follow the terms set out in the European Enforcement Order (EEO) Regulation or the Brussels Regulation.

No matter which international statute governs your situation, you’ll need to submit a formal application to court. For some financial orders that application will be to the High Court, although most foreign maintenance orders are enforced via the Family Court. In most cases, this includes filing the judgment, a certified translation if applicable, and other supporting documentation. While there are slight differences based on where you obtained the order and the treaty agreement in effect, English courts will typically deem valid judgments enforceable without reopening the case unless one of the parties appeals.

Sound complicated? Each case is unique, and navigating the nuances can seem quite daunting. Talking to a solicitor is always the smartest choice — get in touch to have us guide you through the process.

Divorces have also grown increasingly complicated due to events like Brexit — but this is just one contributing factor. Not every country recognises the same types of marriages or civil partnerships, such as same-sex unions. Although progress has certainly been made, the rules are still evolving.

It should come as no surprise that where and when you got married matters. The same applies to divorce.

Courts in England and Wales retain the discretion to deny recognition of a divorce decree (or other family order) for numerous reasons. For instance, your decree may fall foul of public policy or conflict with an earlier decision regarding the same case.

For most people, enforcing an international divorce decree will follow a similar plan to enforcing any other foreign order in the UK’s family court system. This doesn’t mean you can do it alone, however!

Even though anyone can file paperwork and fill out forms as directed, the reality is that there’s no guarantee about what courts might require. In other words, devising an educated strategy is the best way to protect yourself, fulfil your legal obligations, and make a fresh start.

Not every relationship — personal or professional — resolves amicably. Arbitration can contribute to smoother, quicker separations, but it still depends on court orders to function properly.

The vast majority of arbitration agreements are internationally enforceable, but that doesn’t make them iron-clad. Having an Austin Kemp specialist review your arbitration award puts you on solid legal footing — and there’s no better place to be.