Parental child abduction within expat families

Each year, many hundreds of expats will unilaterally make a decision to relocate from their present home to another country, taking their children with them, without the agreement of their spouse. Such a move is likely to constitute parental child abduction. Alexandra Tribe of Expatriate Law, discusses this emotive but unfamiliar topic.......click here to read the full article.

Expat divorce in the UAE - your questions answered

In the cultural melting pot that is the UAE, expatriates of over 200 different nationalities make up over 84 per cent of the population. However, local laws reflect local culture and tradition and are based on Islamic Sharia Law.

Expatriates should not be surprised when they find that local law is substantially different to the law of their home country.

Here, Sonny Patel, an English qualified lawyer at Expatriate law, specialising in divorce, separation and other family law matters through the English courts, discusses the most commonly asked questions relating to the subject of relationship breakdown and divorce in the UAE.

Read the full article in the National newspaper: http://www.thenational.ae/blogs/your-money/expat-divorce-in-the-uae--10-frequently-asked-questions

Getting it right: making an advised and well researched decision as to where to divorce

Sonny Patel, Senior Associate at Expatriate Law stresses the importance of seeking correct and early advice as to which country is best for an expat to divorce in. As he sets out, the outcome in one jurisdiction can be vastly different from another. Read the full article here: http://britishexpats.com/articles/expat-divorce-forum-shopping/

ALEXANDRA TRIBE IS A SPEAKER AT RESOLUTION'S FAMILY LAW CONFERENCE

Alexandra Tribe sits on Resolution’s international family law committee, made up of a group of international family lawyers from England and abroad. The committee ran a workshop at Resolution’s annual family law conference, this year held at the Metropole hotel in Brighton, to train and update lawyers on recent developments in international family law.

Alexandra was a speaker at the conference, addressing delegates on international family law matters. The conference attracted 500 family lawyers from across the country.

Resolution, which was formerly known as the Solicitors Family Law Association (SFLA), is an organisation of 6,500 family lawyers and other professionals in England and Wales, who believe in a constructive, non-confrontational approach to family law matters. Resolution also campaigns for improvements to the family justice system.

Resolution supports the development of family lawyers through its national and regional training programmes, through publications and good practice guides and through its accreditation scheme. Resolution also trains and accredits mediators and is the only body providing training and support for collaborative lawyers in England and Wales.

The cornerstone of membership of Resolution is adherence to the Code of Practice, which sets out the principles of a non-confrontational approach to family law matters. The principles of the code are widely recognised and have been adopted by the Law Society as recommended good practice for all family lawyers.

The code requires lawyers to deal with each other in a civilised way and to encourage their clients to put their differences aside and reach fair agreements.

Read more about the work of Resolution at http://www.resolution.org.uk/

Uncovering your spouse's assets during a divorce

When negotiating financial settlements, parties will typically exchange financial disclosure such as bank statements and information regarding pensions. Both parties have a duty not to mislead the court and to provide full and frank disclosure of all material facts, documents and information relevant to the case.

Failing to provide full and frank disclosure

If a husband fails to disclose his true financial position in divorce proceedings then he is facing two main risks:

1.  If after a financial order has been made it is discovered that the husband has failed to provide full financial disclosure, then the wife can apply to have that order set aside and the court would be asked to reconsider the case and make a new order taking into account the new information regarding the true financial position.

2. The court can draw adverse inferences and calculate the value of the hidden funds to make sure that the husband is not in a better financial position due to the lack of disclosure.

Divorce can be stressful enough without the worry of one party hiding their assets. Many wives are concerned that their husbands are hiding substantial assets to prevent them being considered in the financial settlement. Husbands should take note that there are ways to uncover hidden assets through the legal system.

Search Order

If a wife believes that her husband has failed to disclose all his assets then she can apply through the courts for a search order, provided that she has evidence that a specific asset has not been disclosed (e.g bank account, shares, property). Please note that general suspicions are not enough.

A search order will give the wife or her representative permission to enter premises (such as husband’s workplace, home of his family members), search through documents, computers, smart phones and seize the documents. If this search reveals that the husband has hidden assets then the court may make costs orders against him or even vary the financial settlement in the wife’s favour.

Freezing Order

The applicant must be able to satisfy the court that there is a high risk that the husband has or will wrongfully dispose of an asset (s) and objective, material evidence must be presented to the court.

A freezing order will stop the husband from selling or transferring the asset and it can also cover overseas assets and future assets such as pensions. If the husband breaches this order then he will be criminally prosecuted.

Consequences of non-disclosure

There are severe consequences for those who fail to provide full and frank disclosure, such as an order being set aside and being liable for cost orders. In extreme cases of non-disclosure a party can be held in contempt of court; in Young v Young [2013] All ER (D) 91 (Jan) the husband was sent to prison for 6 months for contempt of court where he failed to comply with an order to provide further financial disclosure.

If you believe and have proof that your husband is disposing / hiding assets then contact a solicitor at Expatriate Law who will be able to advise you on the level of evidence that the courts require and take the necessary action. Contact us at alexandra@expatriatelaw.com or www.expatriatelaw.com 

10 divorce tips for expatriate women

Divorce needn’t be tough or stressful, provided there is an understanding of the process and what to expect. Each divorce is different due to the nature each relationship, the parties’ personalities and how they react during the process.

1. First and foremost it is essential to remain child focused – every child has a right to have a relationship with both their parents and it is easy to forget the emotional impact family separation can have on a child. If you have young children then you will be co-parenting with your ex - husband for years to come so it is important to put your child’s needs first as they are bound to find the period confusing and uneasy at first.

2. Be calm and patient – the process can be lengthy and it certainly will not be resolved overnight. Divorce can take between 4-6 months. The prompt resolution of separate issues such as the division of matrimonial finances or children arrangements depends upon the cooperation and reasonableness of both parties. If matters cannot be resolved amicably and court proceedings are necessary, this inevitably causes a delay in matters being finalised.  

3. Where to divorce –An expat will have a choice of pursuing a divorce through their place of domicile, nationality or habitual residence. The choice of where you divorce can have a huge impact on your financial settlement so it is important to obtain legal advice at an early stage to see which country would be most beneficial in your circumstances. Read our guide ‘where to divorce’ at http://www.expatriatelaw.com/where-to-divorce/

4. Do not assume your husband will meet your legal fees – Your solicitor will discuss the various ways that your legal fees can be paid, whether by instalments, legal fees loan, through security on a property or other methods. Most solicitors offer a reduced service where you may pay for advice only when you need it, or offer fixed fees. This can keep fees to a minimum. In some circumstances, the court can order a spouse to make a monthly contribution towards your legal fees. It is important to note that legal fees can unnecessarily escalate if the parties are refusing to engage with the process or reasonable negotiations; court proceedings can cause legal fees to escalate greatly and should be used only as a last resort.

5. Be reasonable – in terms of what to expect as a settlement. If there is only one income within a long term marriage then inevitably it will have to be stretched over two households. A Judge will expect both parties to make sacrifices concerning their new lifestyles post divorce.

6. Disclosure – Within financial negotiations it is common to exchange financial disclosure with your spouse and if you have issued court proceedings then it is obligatory. Although it is helpful to enter in to a divorce with a good knowledge of your husband’s assets, you should be aware of the perils of ‘helping yourself’ to financial documents belonging to your husband. The law in England may prevent you relying on these documents if you obtained them without your husband’s permission. If you show such intercepted documents to your lawyer, your lawyer might be asked to step down from the case. Ask your lawyer about what financial documents you should and should not obtain.  

7. Be rational – If you are within court proceedings you will be under the scrutiny of the court and anything that you say or do in the heat of the moment could impact on your case. Be wary of sending hasty emails or messages that you may later regret. Your husband or his lawyer may send correspondence to you which causes you frustration or upset. Avoid responding in haste. Your lawyer will advise you which issues are important to address, and which should be ignored. It is important to avoid entering in to tit-for-tat correspondence which serves no purpose but does escalate legal fees unnecessarily. Men can react angrily within the divorce process; your lawyer will advise you how the heat can be taken out of the situation to try and ensure an amicably resolution.

8. Fleeing the country with the children – it is common for expat wives to feel trapped in an overseas country with their children when their marriage breaks down; their initial reaction is often to return to their home country to the safety of their family.  It is important to note that taking a child from their country of residence without your husband’s consent can constitute child abduction. Many countries, including potentially your own home country, may return abducted children to the place where they have been resident, even just as an expat. Speak to your lawyer about child abduction issues, safeguards and other arrangements that can be put in place.

9. Surround yourself with friends and family – divorce can an incredible tough time in your life and you will need a strong support network around you. We can provide you with details of local counsellors and support groups for expats. We assist many hundreds of expats each year so it is important to remember that you are not alone in this process.

10. Look after yourself and keep yourself busy and active - It is very easy to get consumed by your divorce and to let the whole process dominate you and your life. People can become physically ill and mentally fragile as the process takes its toll on their mind and body therefore it is important to stay active and to keep positive. We find that the majority of our clients have moved on positively by the end of their divorce, whether in to a new relationship or direction in their lives.

Sophie Capo-Bianco is a solicitor based in the Dubai office. Contact Sophie on info@expatriatelaw.com if you would like to receive one of our factsheets on divorce and family law matters.

10 Divorce tips for Expatriate men

Divorce is one of the most stressful life events that it is possible to experience. 

In the context of often overwhelming emotional upheaval, anxiety and anger, life changing decisions have to be made in respect of children arrangements, the division of assets and sharing of future income. Divorce is always difficult, but the pain and costs can be contained if a rational, informed, emotionally honest and child-focused approach can be taken. 

1. Protect your children. 
Do all you can to agree with your spouse that your children’s emotional health is your mutual priority. No matter the reasons for the breakdown of the marriage, you will always be child-raising partners. Keep reaffirming this to yourself and to her and always put your children’s interests first. It your responsibility to read into and study the effects of divorce on children and to implement age appropriate strategies to help them through this difficult time. 

2. An atmosphere of mistrust could lead her to flee with the children. Keep the children’s passports secure and offer legal safeguards to alleviate her concerns.
A recurring theme of expat divorces, particularly in Middle East countries, is a fear of the potential repercussions of Sharia based laws in respect of the children. There have been a small number of high profile but fact-specific cases that have made national news in the UK that appear to have fed the underlying paranoia. The result is that at the first sign of conflict, there is an increased risk that mothers will simply flee the country rather than risk being subject to local law. Although such actions are treated as child abduction, if a mother flees with the children it can be a costly and uncertain process for the father to have the children returned. 

Both parties should therefore be aware that that agreements in respect of children arrangements can be put simply before the reconciliation committee of the Dubai courts, to produce a binding agreement capable of enforcement in the UAE. The mother’s concerns can therefore be alleviated from the outset and the children are more likely to remain in the same country as the father. Further negotiations can be conducted calmly and free from mutual mistrust and suspicion. 

3. Choice of jurisdiction
A court’s ability to accept an application for divorce is called its “jurisdiction”. For expats, there is usually a choice of jurisdiction in which a divorce may take place. The choice of jurisdiction on divorce can lead to dramatic differences in outcome in terms of division of assets and income.

Read more here http://www.expatriatelaw.com/10-divorce-tips-expatriate-men/

The implications of Sharia law for expatriates

Many Muslim countries are growing exponentially as expatriate hubs, such as the United Arab Emirates, Qatar, Bahrain and Oman. In the United Arab Emirates, the expatriate population significantly outweighs the local Emirati population.  Whilst these countries are modern and contemporary in many ways, the local laws reflect culture and tradition and are based on Islamic Sharia. Many expatriates move abroad oblivious to the fact that they are subject to the laws of the country in which they are living.

Recent family cases involving expatriates in the UAE have flooded the press, and have highlighted the need for advice to be made readily available to expatriates at an early stage, so that appropriate agreements or safeguards can be put in place prior to a dispute.

In the UAE, it is possible for non-Muslim expatriates to ask for the laws of their home countries to be applied by the courts of the UAE. However in practice foreign laws are rarely applied for contested court applications. A Judge has discretion as to whether foreign laws should be applied, and will apply the local UAE laws where foreign laws cannot be readily interpreted.  All foreign laws to be applied need to be translated in to Arabic before being put before the court (statutory and case law provisions). This is an onerous and costly task, carrying a risk that the true meaning of the laws is lost in translation. Foreign laws cannot be applied where the parties are of dual nationality.

Commonly expatriates will not have jurisdiction to deal with children matters in the court of their home countries, and have no option but to use the legal system of the country in which they are now resident. In the event of a dispute, expatriates are often surprised that the local laws apply to them.

Read more here http://www.expatriatelaw.com/implications-sharia-law-expatriates/ or contact Alexandra Tribe for more information on alexandra@expatriatelaw.com.