International Divorce and Family Law: USA & England

Our international family law services may be relevant if you are a:

• US citizen living in England or Wales who is considering divorce or separation
• British citizen married to an American citizen
• Couple who married in the USA but now live in England or Wales
• British expatriate living in the USA with continuing ties to England and Wales
• Parent whose children live in, travel between or may be relocated between England and the USA
• Spouse with property, pensions, investments, business interests or income in both countries
• Someone who has started, or may face, family proceedings in a US state while also having a connection with England and Wales

Divorce involving England and the USA

An English family solicitor can often help where one or both spouses are American, the marriage took place in the USA, or one spouse is currently living there. The first task is not simply to look at citizenship or the location of the wedding; we consider whether the courts of England and Wales have jurisdiction by examining matters such as habitual residence and domicile, together with the particular facts of the family’s life.

The legal end of the marriage is only one part of the work because a final divorce order divorce does not, by itself, settle financial claims under the law of England and Wales. Where assets or income exist in America, it is especially important to address the financial arrangements formally rather than assuming that the divorce application has brought every issue to an end.

Choosing the appropriate country for proceedings

Some couples have connections strong enough for proceedings to be possible in more than one place. In an England-USA case, the relevant US state must be identified and advice taken there. Residence requirements, the reach of the local court, and the remedies potentially available may differ from state to state.

Timing can matter when proceedings are contemplated in two jurisdictions, but filing first should never be treated as an automatic route to the preferred court. The correct strategy depends on whether a court has jurisdiction, whether it is the appropriate forum, and whether orders made there are likely to be recognised or enforced where the people and assets are located. The family’s centre of life, the needs of the parties and children, and the nature of the assets may all be relevant.

Financial settlements and assets in the United States

The English court requires full and frank financial disclosure in financial proceedings, and that obligation extends to assets held overseas. This means that American bank accounts, real estate, brokerage portfolios, retirement arrangements, trusts, and business interests cannot be left out merely because they sit beyond the English court’s borders.

Cross-border disclosure often requires more preparation than a wholly domestic case. Statements may use US terminology, valuations may be expressed in dollars, and tax documents may not resemble their English equivalents. A privately owned American company may need a specialist valuation, while property may require evidence from a local appraiser. Currency movements can also change the sterling value of an asset during negotiations, which may justify an agreed valuation date or another practical mechanism in the settlement.

Retirement provision requires particular care; an American retirement plan is not the same as an English pension and an English pension sharing order should not be assumed to operate directly against a US company. Advice may be needed from professionals who understand the relevant plan, tax treatment, and enforcement position before settlement terms are finalised. Similar caution is needed where a proposed transfer or sale could create tax consequences in either country.

Prenuptial and postnuptial agreements

International couples frequently use marital agreements because they want greater certainty about assets in different countries. A couple may have signed a prenuptial agreement in a US state before moving to the UK, or they may want a new agreement after marriage because their residence, wealth or family responsibilities have changed.

Under the law of England and Wales, a prenuptial or postnuptial agreement is not automatically binding; however, the court may give substantial weight to an agreement that was entered into freely, with a proper understanding of its implications.

A document prepared for use in one US state should not simply be assumed to produce the intended result in England and Wales. Independent advice, meaningful financial disclosure, and sufficient time before a wedding are all important. Where the couple expects the agreement to operate in both countries, coordinated drafting or parallel advice may be appropriate so that each lawyer can address the requirements of their own jurisdiction.

Recognition and enforcement across borders

A divorce pronounced in one country may need to be recognised in the other before a person remarries or updates official records. Financial and children orders can raise further questions because recognition of marital status does not necessarily mean that every related order will take effect automatically overseas.

The US state law dimension

One feature that distinguishes the USA from many other countries is the importance of state law; divorce, the division of matrimonial property, maintenance, and the treatment of pre-nuptial agreements are not governed by nationwide family legislation.

Recognition of a foreign divorce or financial order may also require US advice that is specific to the state concerned. The same is true if property is in one state while a spouse lives in another. Laurus can explain what an English order is intended to achieve, but an American attorney should advise on recognition, registration, or enforcement within the relevant jurisdiction.

This state-by-state structure makes precise coordination important. It is rarely enough to obtain general information about US divorce law when the answer may depend on whether the connection is with California, New York, Texas, Florida or another state altogether.

Arrangements for children travelling between England and the USA

The English court’s ability to deal with a child depends principally on jurisdictional rules and the child’s circumstances, not simply on the child’s passport. Where the court of England and Wales is properly involved, the child’s welfare is its paramount consideration.

Relocation and international child abduction

A proposed relocation requires detailed preparation, and the court will focus on the child’s welfare by examining the practical plan, including housing, education, healthcare, immigration position, and the arrangements for the child’s relationship with the parent who remains behind. The reasons for the move and the likely effect of refusal are also relevant, but neither parent’s preference displaces the welfare assessment.

Removing or retaining a child across international borders without the necessary consent can lead to urgent proceedings. England and Wales and the USA participate in international arrangements dealing with wrongful removal and retention, although the route and outcome depend on the facts. If a child may be taken imminently, or has already been taken, urgent specialist advice is essential. Laurus can advise on the English proceedings and work with US lawyers and the appropriate authorities where action is also required there.

International family disputes can feel especially unsettled because distance and different legal language create uncertainty. Our role is to make the English side clear, identify foreseeable cross-border difficulties and help the client move towards an arrangement that is workable for their family and assets.

Contact us now to request a consultation with one of our specialist family solicitors about a family law matter involving England and the USA.