International and Jurisdictional Disputes | Divorce Lawyers & Family Law Solicitors | Austin Kemp
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Divorce & Family Law

International and Jurisdictional Disputes

Dealing with disputes is already tough — and throwing multiple legal systems into the mix doesn't help

National Presence With 37 Offices

National Presence With 37 Offices

Legal 500
Leading Firm 2024

Legal 500
Leading Firm 2024

Dealing with disputes is already tough — and throwing multiple legal systems into the mix doesn’t help. If you’re going through a contentious split that spans international borders, you need specialist insight.

How Can Austin Kemp’s Family Solicitors Help You

The solicitors at Austin Kemp work hard to help people in your situation. We’ve spent years refining our craft to become one of the UK’s leaders in sound, discrete legal advisement — and we’re ready to help you navigate whatever comes next.

Whether you’re in the midst of a case that’s been dragging on for a while or anticipating an unpleasant courtroom battle, talking to us is the first step. Our focus on family law makes us well-equipped to help you explore all of the options — from arbitration to enforcement and beyond — so you can rest assured you’re making the most of your legal rights.

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How International and Jurisdictional Disputes Affect Family Law

International and jurisdictional disputes only make family law matters trickier. Some factors to consider include:

International Norms
Almost all modern countries recognise that other sovereign nations have the right to enact their own family law systems. This doesn’t mean domestic courts will uphold foreign rules without question, however.

If you got divorced in a different country and won a court order on your behalf, family courts in the UK may deem your agreement invalid on various grounds. For instance, public policy, the welfare of children, and the existence of prior orders are all known reasons for courts to step in.

Conventions and Treaties
The UK has ratified the 1996 Hague Convention, which strives to ensure that orders concerning a child’s welfare are made in the state where that child habitually resides. This broad set of regulations coordinates different legal systems by determining which country’s laws should apply in each case. It also covers matters like adoptions, the status of unaccompanied minors and children’s property.

While many countries abide by the Hague Convention, it’s not the only game in town. For instance, in the EU, the Brussels II regulation may take precedence. Most countries don’t adhere to either scheme, and some Hague Convention nations have even been found non-compliant!

Your Expectations and Plans for the Future
The thing to take away from all this is that family law is complicated — but then again, so are families. Everyone has a unique relationship situation and a different idea of what constitutes normalcy, making it impossible to find a universal legal strategy that suits all comers.

Are you considering seeking enforcement, pursuing arbitration, initiating a divorce, or moving to a new country? Seek an Austin Kemp solicitor’s family law expertise first — it’s the only way to be certain.

What Are the Most Common Causes of International and Jurisdictional Disputes?

Although every international dispute is unique, we’ve noticed some common themes that tend to stand out:

Divorces: The location of your divorce can result in a legal conflict — even if you think everything was perfectly amicable. These issues commonly rear their heads when you attempt to arbitrate or enforce an order. It’s vital to choose the correct jurisdiction for your divorce to be successful.

Relocations and Children: Relocating to another country can be extremely tricky if your relationship involves children, vulnerable adults, or unfinished business. Some parents don’t wait for permission from their exes or partners to relocate children — or even abduct them — making it essential to respond without delay. In other cases, a partner may move abroad before the commencement of divorce proceedings, leaving the one left behind unsure where to begin.

Assets: Although prenuptial and postnuptial agreements can help you avoid problems when dividing assets in a divorce, they don’t always solve every issue. Situations change, and what initially seemed equitable may no longer work for your needs, making it helpful to obtain an updated legal perspective. It’s also important to ensure your final financial agreement doesn’t just cover assets in England and Wales but those in all jurisdictions.

Custody Arrangements: The logistics of international relationships can make custody extremely complicated. Questions like where children will receive education, who’ll care for them, and what financial provisions they’ll require aren’t easily answered. Due to the understandably heightened emotional state most people find themselves in during these situations, it’s important to obtain specialist advice.

Existing Orders and Judgments: As mentioned above, previous judgments can be valid grounds for UK courts declining to enforce newer judgments. Problematically, however, you may be unaware of the existence of such orders, such as if your spouse or ex neglected to let you know they were pursuing legal action in another territory.

How Do Lawyers Resolve International and Jurisdictional Disputes?

The way you pursue justice makes a huge difference. The good news is that lawyers have many options for resolving these matters effectively.

Not every international dispute has to play out in public court. For instance, many high-net-worth couples rely on arbitration to keep their affairs private and maintain as much control as they can. Options like co-mediation, where lawyers work with therapists, counsellors, and other professionals, have the potential to achieve a consensual — if not outright amicable — resolution.

Seeking sound legal advice can help you improve your odds of handling problems as painlessly as possible. It also goes a long way toward helping you move forward safely: Knowing your rights makes it easier to act decisively in the event of abductions, abuse, and other hazardous situations.

International and jurisdictional disputes are unpleasant, but they don’t have to ruin your plans for the future. Working with an Austin Kemp family solicitor brings clarity to the process — so that you can act with confidence in your pursuit of a resolution. Learn more by calling our team on 0845 862 5001 or emailing mail@austinkemp.co.uk.

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First Class Service

Choose Austin Kemp and you'll get a premium service in all areas. We aren't the cheapest out there, but what we are is the best solution to help you get what you deserve.

Impeccable Advice

Our advice and strategy is second to none. Not all law firms are created equal. Because we're specialists, our depth of knowledge is often the edge that makes the difference.

Challenging Thinking

We work with you to get what you deserve. We don't mean that it's going to be easy – but we're here to support you every part of the journey.

Industry Leading Professionals

We have A-players at every level. We employ the best of the best, and that's why our clients choose us. Because getting the right solicitor can mean your future takes a different path.

The Right Fit

We'll make sure you have a solicitor that fits your case type. If you want a certain approach to your case – we'll make sure your solicitor has the right style for you.

Empathy

We know that getting a divorce divides your world into two. We're here to guide you through the uncertainty and emotional rollercoaster. One step at a time.

First Class Service

Choose Austin Kemp and you'll get a premium service in all areas. We aren't the cheapest out there, but what we are is the best solution to help you get what you deserve.

Impeccable Advice

Our advice and strategy is second to none. Not all law firms are created equal. Because we're specialists, our depth of knowledge is often the edge that makes the difference.

Challenging Thinking

We work with you to get what you deserve. We don't mean that it's going to be easy – but we're here to support you every part of the journey.

Industry Leading Professionals

We have A-players at every level. We employ the best of the best, and that's why our clients choose us. Because getting the right solicitor can mean your future takes a different path.

The Right Fit

We'll make sure you have a solicitor that fits your case type. If you want a certain approach to your case – we'll make sure your solicitor has the right style for you.

Empathy

We know that getting a divorce divides your world into two. We're here to guide you through the uncertainty and emotional rollercoaster. One step at a time.

Talk to us now on 0333 311 0925

Request a Callback Live Chat

A helping hand when things get tough

Austin Kemp handled my divorce efficiently and pleasantly, with a consistent contact person, making it all convenient online. Their straightforward online payment system was a necessary evil, but I'd use them again if needed.

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Tracey Field

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Referred by an online service, I chose Austin Kemp for divorce and financial settlement with my ex-wife. Emma's assistance was invaluable; I paid for a guidance check on the consent order before submission. Court process went smoothly, and I'm content with the outcome.

MS

Malcolm Springett

Online Review

Throughout the process, Emma guided me, addressing any issues promptly. No complaints—consent and pension sharing orders approved swiftly after submission, indicating accurate document preparation.

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Stuart Dunkley

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Austin Kemp's team deserves only praise. Highly knowledgeable and passionate about client support, they saved the day. Tenacious advocates, they stood by me till the end. I highly recommend them—no need to take chances with other firms!

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Andrea Taylor

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Alex Clarke, 'The Saviour,' actively handled my case, ensuring clear communication and understanding throughout. He promptly responded to calls and emails, investing time even before any formal agreement. His integrity convinced me he was the right choice to represent me. When it comes to issues concerning children, contact Alex Clarke—'The Saviour.'

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Jefferson Arnauth

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