INTERNATIONAL DIVORCE LAWYERS: ENGLAND & ITALY

Yes. Vardags helps you find the best lawyer for divorce in international cases.

Yes. Vardags solicitors are familiar with managing cases involving overseas properties and international business interests. We know how to navigate international requirements and cross-border living arrangements.

In many countries, a couple can divorce with little or no financial support being given to the poorer party. Sometimes, you might not even know about the divorce until it has already been finalised. That does not prevent you from seeking the support of the English courts. Under Part III of the Matrimonial and Family Proceedings Act, the English court can make a financial award for where there was “no, or no adequate” provision in overseas proceedings.

If your ex opposes your plan to move abroad with your children, there are numerous strategies that can be deployed to overcome their opposition.

While the court will be unable to stop you from relocating, it’s primary concern will be whether it is in your children’s best interests to do so, and whether there is an appropriate strategy in place for the children to maintain regular contact with the other parent.

There is no international harmonisation of law, policy and practice. Some countries will not provide fertility treatment or surrogacy to same-sex couples and single women. Some countries do not allow fertility treatment with donor eggs or sperm. Furthermore, law and policy on surrogacy differs widely, with some jurisdictions prohibiting it whilst others enable it on a commercial or altruistic basis.

A child adopted from a country that is signatory to the Hague Convention 1993 through what is known as a ‘Convention Adoption’ will automatically acquire British nationality. However, a child adopted via adoption that is classed as ‘overseas’ will not. In the latter scenario, you will need to have a clear immigration plan in place. Conversely, a foreign child adopted in the UK through the domestic adoption process will acquire British nationality as part of that process.

If you are currently making child support payments, this obligation will continue even after your ex moves abroad with your children. Child support will continue to be enforceable in the courts of England and Wales and in over 100 countries with reciprocal arrangements.

Surrogacy is a legal but restricted practice in the UK. Surrogacy contracts are not legally enforceable in the UK and arrangements are based on trust and goodwill. Some foreign countries ban surrogacy and others permit it on a commercial basis with legally enforceable surrogacy contracts. The legal issues and process differ depending upon whether you enter into an altruistic UK surrogacy or a commercial surrogacy overseas.

We can discuss options with you and provide sensitive, experienced and bespoke legal advice and assistance on family building law advice for those considering or embarking upon a surrogacy arrangement with assisted conception in the UK or abroad. We can also advise on how to navigate a safe path home after the bird of a surrogate child overseas, how to apply for a parental order for a surrogacy born child, and what to do in the absence of a parental order.

You will talk through your circumstances with a Vardags solicitor. Then, we will offer an initial view of the options available for you and how best we think you should proceed.