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Cross-Border Family Law What You Need to Know
Dealing with a legal dispute is never easy, especially when your loved ones are involved. Family law can be a complex area to navigate often taking an emotional toll on everyone involved. When the matter extends across borders, the intricacies can become even greater, as different jurisdictions, time zones and languages have to be navigated. To ensure your legal matters are resolved efficiently and professionally, it is recommended that you seek expert advice from multilingual and multijurisdictional lawyers.
In this guide, we will explore a variety of common cross-border family disputes, such as divorce and inheritance law. We will also explore the tax implications to consider, The Hague Convention and why you should consult a cross-border law firm to help you with your case.
Click on the links below to jump to that section:
Find out more about cross-border divorce and the various legal elements you need to be aware of
When considering cross-border family law, you should make yourself aware of the different tax implications
Inheritance is a common cross-border dispute that can become contentious
Find out what The Hague Convention and how it affects you and your cross-border case
Discover why you should seek advice from a reputable cross-border law firm
Divorce: Brexit, Pensions and Your Rights
Cross-border divorce can be tricky to navigate, and many people are unsure about their rights and the jurisdiction applied. Couples who get married in one country can get divorced in another, but the divorce needs to be legally recognised in both countries. The country that you marry in may also require a divorce decree and an Apostille stamp, depending on whether both countries are a part of the Hague Convention.
You can get divorced in a country outside of the UK, and the UK generally recognises foreign divorces as long as they meet certain criteria. The courts will decide upon jurisdiction based on the closest connection to the couple or any children they have. This includes where the couple are habitually resident, or where you last resided if one of the spouses still lives there. The grounds for divorce can also change depending on the country; some are quite strict, whilst others are more lenient.
Brexit has also had an impact on international divorce. If you live in the UK but your spouse lives in the EU, jurisdiction may apply in the English and Welsh courts, but legal proceedings may take place elsewhere. If you are divorcing an EU national, you may need to apply to have your divorce recognised. If you wish for your divorce to be recognised in a country that has not joined the Hague Convention, you must seek legal advice to see how you can proceed. You can find out more about cross-border divorce post-Brexit in our previous guide here.
As a non-EU citizen, you still have rights in an EU country when divorcing. If your marriage allowed you to become legally domiciled in another country, you will not lose your settled status. The European Economic Area (EEA) Rights of Residence means that non-EEA citizens can still reside in an EEA country if they meet certain requirements.
Divorcees also need to be aware of pension regulations when divorcing cross-border. Different countries have different laws on pension division following a divorce; for instance, France do not allow pension sharing during a divorce, but England and Wales do, and the courts will deal with pension arrangements in this case. Pensions can be split in three different ways: pension sharing, pension offsetting and pension attachment. You can find out more about pension division during a cross border divorce in our previous guide.
Cross-Border Family Disputes and Tax
If you become involved in a cross-border family dispute, there are often tax considerations to make. Often, payable taxes occur during inheritance disputes, such as inheritance tax. The loved ones of a deceased person will also need to consider council tax, and notify the local council of the death. If the deceased owned a business, payroll taxes, VAT and corporation tax will need to be dealt with. Other countries may have different tax laws, so solving a tax dispute cross-border can be difficult without the right international legal advice.
Inheritance tax will only be applicable on UK assets, so you don’t need to worry about paying tax on foreign assets. If you live abroad and your loved one lived in the UK, you will still need to pay inheritance tax on assets worth over £325,000.
To find out more about cross-border tax implications, please read our previous guide here.
Cross-Border Inheritance Law
When dealing with inheritance in another country, it is important to note that a person’s estate is usually governed by the country they had permanent residence in. However, you can decide which country has jurisdiction due to European Union (EU) rules and EU Succession Regulation. If you have more than one nationality, you can choose which country governs your estate.
If you are UK domiciled but the deceased lived abroad at the time of their death, you may have to pay inheritance tax on their UK assets. If they have foreign assets, you will not have to pay inheritance tax on these particular assets. You can find out more in our previous guide.
The Hague Conference
The Hague Conference on Private International Law (HCCH) is an intergovernmental organization dedicated to the unification of the rules of private international law. It has created more than 40 conventions, ranging from civil procedures to child protection rights. Its main aims are the unification of rules, facilitation of international cooperation, protection of individuals and the enhancements of international trade.
The UK is a part of the Hague Conference and often implements its convention within the legal system. It affects a range of cross-border cases, such as civil and commercial litigation, child protection, family law and judicial cooperation. If you would like to find out if the Hague Conference affects your case, you can get in touch with a multijurisdictional lawyer to help you out.
How Can a Cross-Border Law Firm Help Me?
A cross-border law firm should be instructed when dealing with a legal dispute in another country. Multijurisdictional lawyers that have capacity in more than one jurisdiction can communicate and act on behalf of a client more efficiently than if more than one law firm is instructed each based in the countries involved in the dispute.
Giambrone & Partners international lawyers are also multilingual, ensuring all documents are translated thoroughly and no errors occur with communication between parties. They will be able to provide appropriate advice based upon your case, and provide bespoke support when liaising with other parties. You can find out more about the benefits of working with international lawyers for cross-border disputes here.
Our lawyers at Giambrone and Partners are multijurisdictional and multilingual, with experience and knowledge in a range of jurisdictions such as Spain, Italy, Portugal, France, Tunisia and England and Wales. To find out more, or to arrange a consultation, please get in touch with your choice of lawyer today.