Enforcing a court order internationally

Enforcing a court order against a spouse abroad

Enforcing a financial remedy order internationally is more complex. How an order can be enforced, and the ease of doing this, will depend on the jurisdiction involved. 

The UK has various reciprocal arrangements and treaties with different countries which makes the enforcement of UK court orders abroad easier. This includes most Commonwealth countries, the USA, and many others. Helpfully, the UK government has a list of all the countries with which the UK has a reciprocal arrangement with (REMO counties). However, such reciprocal arrangements are limited to the enforcement of maintenance orders. 

If the relevant jurisdiction has a reciprocal arrangement with the UK, the first step to enforce a maintenance order is to contact the Maintenance Enforcement Business Centre.  

It may also be possible to enforce a maintenance order through the 2007 Hague Convention. Even if the debtor does not live in a REMO country, if the jurisdiction is a signatory to the Convention, the order may be enforced.  

Where the jurisdiction concerned does not have a reciprocal agreement with the UK, and is not a signatory to the Hague Convention, enforcement will be difficult. 

Enforcing A court order against offshore assets

Whilst the Family Court can make financial remedy orders in relation to a party’s offshore assets, enforcing them can be difficult. Like enforcing an order against a spouse living abroad, whether an order against offshore assets can be enforced is dependent on the jurisdiction it is in.  

Some jurisdictions do not recognise the orders of the UK courts, or they may recognise a financial remedy order but refuse to enforce it. 

This issue has been further complicated by the UK’s departure from the European Union. As such, for those seeking to enforce an order against offshore assets, it is advisable to seek legal advice from those with international expertise. 

If you need to enforce a court order against a spouse living abroad or in relation to offshore assets, contact Vardags today for a free consultation with one of our expert divorce solicitors. We specialise in complex cases with an international element, and as such, we are well-placed to assist in these situations. 

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