Family and divorce matters that have international aspects require a law firm with a wealth of relevant experience. Contact us for immediate advice.
The mobility of people within the European Union and around the world has led to an increasing number of families whose members are of different nationalities. They might live in different countries or live in a country of which some or all of the family members may not be nationals. International couples (spouses from different nationalities) often face problems across borders when they separate and try to resolve cross-border disputes concerning their marriage or the custody of their children. The situation might appear complex. Which law applies? Which court has jurisdiction? In Europe, rules are in place to determine jurisdiction and help international families since 2001, however, the rules are always changing with new laws coming into force frequently. Since Brexit England is no longer part of Europe. Different laws apply here.
German nationals and others with a connection to Germany may be able to divorce in the UK, provided their link to the UK is strong enough. This usually means that one or both spouses are habitually resident here, or that there are substantial connections to the UK. For this reason, it is important for German lawyers advising clients with UK or international connections to be familiar with divorce law and procedure in the UK. Below we explain why someone may wish to divorce in the UK rather than Germany, outline the divorce procedure in England and Wales (Northern Ireland and Scotland have different procedures), and highlight the importance of securing a court-approved financial settlement.
Beyer Family Law in London offers a bespoke legal service to German nationals with a connection to the UK who wish to divorce here. We advise on all aspects of divorce, including financial settlements, property division and child arrangements.
Why get divorced in the UK?
The ability to divorce in the UK can be significant because the courts here approach financial settlements differently from those in Germany. In particular, judges in England and Wales have broad discretion when deciding financial outcomes and are generally perceived as more favourable to the financially weaker spouse than courts in some other jurisdictions, including Germany. Where spouses have the option of divorcing under either German or English law, the financially weaker spouse may seek to issue proceedings in the UK first to prevent a German court from ruling on finances — a practice commonly known as “forum shopping.” This is a complex area of law.
This is illustrated by the case of Pierburg v Pierburg, in which the wife, Clarissa Pierburg, failed to convince an English High Court judge that she was eligible to bring a financial claim in the UK against her husband, German industrialist and art collector Jürgen Pierburg. She did, however, subsequently succeed in applying to the English courts for a financial order following the conclusion of the divorce proceedings in Germany.
Die Anwaltskanzlei Beyer Family Law Solicitors ist ausschließlich im Bereich des internationalen Scheidungs- und Familienrechts tätig.
Kerstin Beyer – Beyer Family Law Solicitors – Solicitor (England und Wales), Rechtsanwältin (Deutschland, nicht praktizierend), Summit House, 12 Red Lion Square, London WC1R 4QH. Zugelassen und beaufsichtigt durch die Solicitors Regulation Authority.
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