Hunters’ Family Department is a team of leading family lawyers based in central London. The team provides specialist legal advice to clients all over the world, with expertise in many different facets of family law. More specifically, Hunters’ lawyers have particular experience in handling divorce cases, both the financial issues and child custody disputes that may arise. The lawyers in the Family Department guide and provide advice to clients throughout every stage of their legal engagement, whether it be regarding divorce, pre-nuptial agreements, adoption, etc.
Q My job is relocating to an EU country. I have children living in England but am no longer with their father. Will I be able to take the children with me as I relocate?
A You will need his permission or a court order. The law is based on what is best for the children. Good planning is key. Investigate possible homes, schools, child care. It is particularly important to plan how they will see their father and he will be part of their lives.
Q I am getting married next year, and we both want a prenup. We are both nationals of other countries. Has anything changed if the UK comes out of the European Union?
A Yes, there are a few of changes you should incorporate into your prenup. They are all related to what happens if your marriage breaks down, and there is a dispute over the prenup’s provisions. You want to control the timing and the law to resolve the dispute.
- Both agree to private arbitration, rather than to go to court. In some countries it can take years to get a court ruling on such dispute. This also applies to choice of jurisdiction (ie where to resolve the dispute)
- Both agree which country’s laws apply. In parts of the EU, the law on prenups and on division of assets is very different to ours. Wherever you are when you break up, you want to decide now which country’s law is used. In some countries you can ask a court to apply foreign law.
Q I want to divorce and to use the English courts, as I have heard they are more generous to wives. Is it just a case of getting the divorce started here before it is started against me somewhere else in the EU?
A Right now, you are right. But for any country outside the EU, if there is a challenge, you must be able to establish a real connection with England. This is called “forum shopping” and a challenge can be made by your spouse if you don’t really have a connection here, and your spouse is entitled under European family law to use a different EU court.
Q We are getting divorced and have enough money for a “clean break”, with no more claims at all. We have decided to split our capital in a way that means not having to share income. But with interest rates dropping, how do I work out how much extra should be paid on top of the equal share of capital?
A In times of fluctuation of interest rates, whilst there are standard tables lawyers use, you will need an actuarial report tailored to your personal situations. The same will apply for pension sharing.
Hazel Wright – Partner
Hazel has substantial experience in advising separating and divorcing couples. Her clients come from the UK and many other jurisdictions, and include people in the legal, military, medical, accountancy and banking professions, entrepreneurs and new media providers.
Contact Hazel here.
This information is based on the law in force as at 26 July 2016. Although we endeavour to ensure that the content is accurate and up to date as at that date, it is designed to provide general guidance only and is not intended to be comprehensive or to constitute professional advice. Specific advice should always be sought, and you should only rely on advice which is given, by reference to particular facts and circumstances.
If you have any further questions, please do not hesitate to contact our Solicitors, who will be able to assist you further.