International family law

The concept of the international lifestyle is becoming common place given that the world is now more accessible than ever. International lifestyles bring with them international relationships between individuals and when such relationships breakdown specialist advice is required from family lawyers accustomed to dealing with such complex family law issues.

Matters of an international nature do not ordinarily cross the desk of family lawyers and so it is imperative when such cases appear that they are appropriately forwarded to family lawyers experienced in dealing with such matters.

On the whole, family lawyers have little experience in handling matters of an international nature. Should they endeavour to handle such matters without assistance or referral to an experienced and knowledgeable international family lawyer, they risk not representing their client's interest competently. Trying to tread the minefield of international family law without the prerequisite experience is a somewhat irresponsible and rash approach, giving rise to issues of potential negligence.

Family lawyers with such experience will be able to investigate and understand any issues arising, clashes of jurisdiction between different countries, and will collaborate with local council in each jurisdiction in order to provide coordinated, coherent and effective advice.

International family lawyers are also able to draw upon an established international network of likeminded lawyers who are readily accessible.

International family lawyer's advice

An international family lawyer's advice frequently centres on helping clients make the critical first step decisions which can ultimately have a profound affect upon the outcome of a case. It is these preliminary steps that are very often overlooked or misunderstood and in some circumstances that can have the most profound affect on outcome.

Such issues often include ascertaining which jurisdiction is most preferable to pursue divorce. Clients need knowledgeable and experienced advice when making such decisions, fully appreciative of the consequences whichever jurisdiction is ultimately chosen. The selection of forum is by no means and easy task even for an experienced international family lawyer. Such a decision requires consideration of the marriage, whereabouts of property, the primary residence of the parties, financial relief available to the parties - these are but a few examples of the sort of issues that need to be considered.

The international family lawyer needs to determine the applicable laws for each jurisdiction, analysing remedies available and endeavouring to make prediction as to outcome.

Divorce jurisdictions vary considerably around the world, as do local practices before Courts. A selection of the appropriate forum is often the single most important decision in an international family law case.

Once an application has been pursued in the appropriate jurisdiction, development and implementation of case management strategy, in co-ordination with local council generally managing the case throughout is essential.

The international family lawyer therefore plays a key role in assisting clients and family lawyers handle a multiplicity of complex international family law matters.

The nature and extent of which specialist advice should not be overlooked nor undervalued. We at Irwin Mitchell can help.  Please contact us using the contact details above or telephone us on 0370 1500 100.