Divorce Lawyers Serving Italians Living in the UK

‘No-fault’ divorce was introduced by the Divorce, Dissolution and Separation Act 2020, which came into effect in April 2022. This means that only one party needs to state that the relationship has permanently broken - there is no need to provide evidence or cite any specific reasons why. Furthermore, a divorce can now only be contested in extremely limited circumstances: if the party has filed for divorce in the wrong jurisdiction or if the marriage is invalid.

This article will address the extent to which a parent can move their child away from the other parent without their consent. A distinction will be made between moving the child to another part of the UK, as well as moving abroad.
It should be noted from the outset that whether the parties have ever been married or in a civil partnership is immaterial for the purposes of relocation of the child. The important factor is whether the parent seeking to prevent the relocation has parental responsibility.

If a person meets the required criteria, they can file for divorce if their marriage has irretrievably broken down. Following the introduction of no-fault divorce in April 2022, there is no requirement to show fault or blame.

The best way to ensure your assets are protected is to conduct a thorough and accurate valuation.

During the process of divorce, one of the elements is the exchange of information relating to finances, known as disclosure. This is done in order to determine what a fair division of the assets will be. However, there are instances where one or both of the parties conceal or misrepresent deliberately the value of their assets. Should it be the case that certain assets are not included during disclosure, it cannot be divided, even if it’s the case that it is later discovered it is likely already be disposed of. These kinds of assets are known as hidden assets and should either party be discovered to be hiding assets, the court will take serious action against them. 

Unlike many other countries, England allows people to apply for financial remedies even if they are already divorced in another country. Often spouses will use this power, Part III of the Matrimonial and Family Proceedings Act, to try to re-open the case and get more money.

Part III applications are complicated, and they should not be seen as a simple chance to get a second go. It is only available where “no, or no adequate provision” has been made and is likely to be largely limited to what your spouse reasonably needs. That said, the court has a broad discretion in the award it makes.

Often people will apply for divorce proceedings in England with the aim of maximising their claim, even if this is not justified. Jurisdiction, in cases of divorce, is governed by a complex web of law, involving multiple cross-border elements. Generally, the divorce will only be heard in England if you, or your spouse, has been resident or domiciled in England.

London is known as one of the fairest locations for a less-wealthy spouse to bring a divorce. In many other countries, a spouse will receive little or no payment at the end of a marriage. If you want your fair share, it may be vital that your case is heard in England.

Jurisdiction in relation to divorce is governed by a complex web of English, European, and international law. Generally, you will only be able to get divorced in England if you, or your spouse, has been resident or domiciled in England. If there is more than one European country in which you are able to get divorced, the “correct” jurisdiction will be determined by where the proceedings are started first. If the jurisdiction is disputed between England and a non-European country, the court will consider which country is the most suitable to hear the dispute, considering where the assets are located and the previous lifestyles of the parties.