Family and divorce matters that have international aspects require a law firm with a wealth of relevant experience. Contact us for immediate advice.
We can help you resolve these very important issues either out of Court – through negotiation or Collaborative Law – or else fight your case in Court to safeguard your financial interests and get you the best possible outcome. This may include matters like an application for interim maintenance if voluntary maintenance is not being paid by the other party, the registration of your matrimonial home rights and so forth. If robust action is required, then we can issue a freezing injunction at Court to safeguard existing assets.
It deals with all the financial ties between you and your spouse. The issues vary from couple to couple but usually centre around the family home or homes, the assets and pensions each of you holds, and the income and benefits available to both parties. The aim is to reach an outcome that is fair and, wherever possible, achieves financial independence for both of you.
No, and most couples do not. Financial issues can often be resolved out of court through negotiation. Court proceedings are usually a last resort where agreement cannot be reached, or where robust action is needed to protect your position.
You do not have to wait until the final settlement. If voluntary maintenance is not being paid by the other party, an application can be made for interim maintenance, which provides financial support while the wider proceedings are ongoing.
Yes. Where robust action is required, a freezing injunction can be issued at court to safeguard existing assets and prevent them being disposed of before the financial claim is resolved. If you have genuine concerns, it is important to act quickly.
Potentially, yes. As a spouse you have matrimonial home rights, which give you a right to occupy the family home even if you are not a legal owner. These rights can be registered against the property, which protects your position and prevents the home being sold or mortgaged behind your back while matters are resolved.
TOLATA is the Trusts of Land and Appointment of Trustees Act 1996, a piece of English legislation that governs disputes over the ownership and occupation of property in England and Wales. It is particularly relevant to couples who own property here but are not married or in a civil partnership, as it provides a legal route to resolve disputes that would not be available through divorce proceedings.
A court hearing a TOLATA claim can declare each party’s beneficial interest in the property, order its sale, or make other directions about who may occupy it. In other words, it can decide who owns what share and what should happen to the property, even where only one person is the legal owner.
Yes. Where an unmarried couple disagrees about their shares in a property or whether it should be sold, a TOLATA claim can be brought before the English courts regardless of the parties’ nationality. The key point is that TOLATA applies to property situated in England and Wales; for any assets held abroad, separate advice may be needed in that country.
This is a common problem and there are practical solutions. For example, one option is to postpone the sale of the family home, allowing the children and one parent to remain there until the youngest child turns 18, with the other parent renting in the meantime and receiving their share of the equity when the home is eventually sold. Maintenance can also be adjusted to reflect the compromise each side is making. The right structure depends on your circumstances, which is where tailored advice makes a real difference.
You (and your spouse) may be able to issue divorce proceedings in more than one country. If that is the case, quick action is advised in order to secure the jurisdiction which is best for you.
The Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) is a piece of English legislation that governs disputes over the ownership and occupation of property in England and Wales. It is particularly relevant to German nationals and other international clients who own property in England or Wales but are not married or in a civil partnership, as it provides a legal route to resolve disputes that would not be available through divorce proceedings.
Where an unmarried couple disagrees about their respective shares in a property or whether it should be sold, a TOLATA claim can be brought before the English courts regardless of the parties’ nationality. A court hearing such a claim can declare each party’s beneficial interest in the property, order its sale, or make other directions regarding its occupation. German nationals should be aware that TOLATA applies to property situated in England and Wales, and that separate legal advice may be required in Germany in respect of any assets held there.
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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