Do I need an International Divorce Lawyer?

Expatriate Law are a team of specialist international divorce lawyers who work exclusively with expats and multinational families. But is an international divorce lawyer appropriate for your case?

How We Can Help

We practice in all areas of family law, and this means that we can provide advice in the following areas:
– Divorce: including advice on where to divorce, and on procedure in England and Wales;
– Division of assets on divorce: including through court proceedings, and agreements reached between the parties;
– Protection of assets including freezing injunctions, and applications to overturn transfers of property or other assets.
– Children: including advice on where and with whom they should live, child maintenance, whether you can relocate with a child and child abduction;
– Pre-nuptial agreements.

There are two main reasons that you may need a international divorce lawyer for help with the above:
– You are a British citizen living abroad;
– You live in England or Wales, but were born elsewhere or have assets elsewhere.

The advantage of instructing an international divorce lawyer, is that they have the required experience and connections. International family law is often complex. Mistakes made at an early stage for example on drafting or pleading jurisdiction can result in claims being limited or dismissed.

More information on divorcing whilst living abroad or as a foreign national in England and Wales can be found in this article: Divorce through the English courts.

Matters concerning children who live abroad are slightly more complicated, but more information can be found here, or you can contact one of our specialist family lawyers. In certain circumstances, it is possible for the English courts to make decisions about your children, even if you all live overseas. This is important if you are living in a country where the laws are practices are culturally very different from the approach in England. Our international divorce lawyers advise on child custody, child arrangements, child relocation and abduction.

You can contact us to speak with a senior international divorce solicitor today, without charge, for initial advice on your matter.

Read what our clients say about us here:

https://www.reviewsolicitors.co.uk/london/london/expatriate-law

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. 

The divorce process in England; a straightforward guide

Once you have made the tough decision to get divorced, it is important to note that obtaining a divorce does not have to be difficult. Provided your spouse accepts service and cooperates with the proceedings, the process usually takes between four to six months.

What is the divorce process in England?

Once the divorce petition has been issued, the next step is for your spouse to acknowledge the divorce and state whether they intend to defend / contest it. Usually your spouse would be contacted and asked to accept service of the divorce petition to keep costs to a minimum. If your spouse does not cooperate, service of the petition on your spouse in the UAE may be attempted personally by your lawyer. Your spouse would be asked to complete short acknowledgment form and return it to the court in England. Once the petition has been acknowledged, you can then apply for the first part of the divorce known as the Decree Nisi. As soon as the Decree Nisi has been pronounced you must wait for 6 weeks and a day before you can apply for the Decree Absolute. Once you are granted the Decree Absolute, you are then officially divorced.  

Do I need to attend court for my divorce?

A common question asked by many of our clients in Dubai is whether they need to fly back to England to attend a court hearing regarding their divorce. In short, the answer is no, provided that the divorce petition is not defended by one of the parties. If your spouse does contest / defend the divorce it is usually possible for the proceedings to be compromised meaning that following negotiations, you and your spouse agree the contents of the petition that you are both happy will proceed. In the event you cannot reach an agreement with your spouse (for example because jurisdiction (the place for the divorce) is disputed, then you may both need to attend court for the purposes of a hearing. Following evidence and legal argument, the Judge will decide if the divorce can proceed. Defended divorces (other than for a jurisdiction dispute) are rare due to the legal fees involved, and the delay caused to the divorce.  If a petition is not defended then obtaining a divorce is a paper based exercise which a Judge will deal with without the attendance of either party.

How do we decide how on a financial settlement?

When dealing with your divorce, it is also important to consider the matrimonial finances and how they should be split. Ideally, the aim is to try and reach a financial settlement with your spouse outside court. Unfortunately it is not always possible to achieve this and you may have to issue a court application, known as financial remedy proceedings, to resolve this.

If you issue financial remedy proceedings in England, you need to attend the court hearings and in particular the second hearing known as the Financial Dispute Resolution (FDR) Hearing. The FDR is key because it is the first time that the judge will consider the merits of both parties’ arguments and give an indication of what he would order if it was the Final Hearing. It is important that both parties attend the FDR to maximise the chances of reaching a settlement. The FDR allows for lengthy negotiations (conducted by your solicitor or barrister not directly between you and your spouse). It is an excellent forum for reaching a settlement and for this reason, the majority of cases conclude at this stage.

If the case is not settled at the FDR then the matter will be set down for a contested final hearing, which can last for several days depending on the complexity of the case and the nature of the assets. At the Final Hearing, you will have to give oral evidence outlining your reasons for the settlement that you are seeking.  The conduct of both parties during the marriage will not usually be considered by the Judge at a final hearing. The Judge concentrates on the available assets and income, the needs of both parties and any children and how the assets and income can be used fairly to meet those needs.

The above advice is general; please contact a lawyer at Expatriate Law for an initial consultation. During the meeting (conducted at our offices, by telephone or Skype) you will receive advice tailored to your particular situation. You will come away from the meeting with clear advice as to whether you can divorce in England, what the process involves, how arrangements for your children can be made, and the likely financial outcome. 

What if my ex-husband ignores court orders?

I am commonly asked by female clients what would happen if their husband refused to cooperate with court proceedings, failed to disclose details of their assets or ignored orders of the court. 

I find these are often threats made by one party when faced with the prospect of paying more than they would like to their spouse on divorce.

In reality, a spouse who fails to cooperate can face a wide range of unfavourable orders being made, for example:

• Deductions directly from their salary

• Enforcement against assets worldwide

• Joining of third parties to proceedings (for example family members or business associates where appropriate)

• Money judgments against them (restricting future ability to obtain credit/mortgage etc)

• Restriction on ability to travel

• Imprisonment

• Costs orders being made against them.

The recent English court judgment on the case of Thiry v Thiry [2014] EWHC 4046 (Fam) highlights the penalties that one party can face for failing to adhere to court rules or orders. In this case, Mr Thiry’s obstructive approach to the proceedings led to him being committed to prison for four months. He was described by Sir Peter Singer, the Judge presiding over the final hearing as ‘an unprincipled rogue who has acted in a financially predatory fashion to prey on his wife for his own profit and to her substantial detriment’. The Judge ordered Mr Thiry to pay his wife’s costs of the proceedings totalling £456,000.

This case should act as a deterrent for husbands, or wives who feel that they are ‘above the law’ and can evade court orders or processes.

Click here to read the full judgment of this case.

Alexandra Tribe
Solicitor, Expatriate Law

Family law 'dispute resolution week'

Learn more about the tremendous work of Resolution - a family law network that is committing to ensuring family law matters are dealt with in 'a better way'.

Watch this powerful video produced by Resolution to coincide with Dispute Resolution week.

Divorce doesn't have to be devastating... there is a better way to separate for the sake of individuals, their families and their children.

Click here to watch.

How to divorce without fighting: Sophie Capo-Bianco, solicitor at Expatriate Law, gives her view.

Divorce is commonly known as being one of the most stressful events someone can experience in their life. It is normal for someone to feel an array of emotions ranging from anger, denial, sadness and indifference. Once it is evident that divorce is inevitable, it does not mean that the process has to be aggressive or destructive. It is in everyone’s best interests, and in particular for separating couples who have children, to try and resolve any disputes as quickly and as smoothly as possible.

Engage with the process

It is very important for both parties to engage throughout the divorce process. If one party buries their head in the sand and refuses to engage or ignores court orders then they should realise that it will not prevent a divorce being granted nor a final financial order being reached. It will only increase hostility between the separating couple which will be extremely difficult especially if they have young children. Separating parents need to retain a long term working relationship for the sake of their children; they will have to see each other regularly at handovers for contact and have conversations regarding certain aspects of their children’s welfare and upbringing.

Be honest

It is essential that both parties are honest while negotiating a financial settlement. The wealthier party may try and conceal their assets, which not only creates resentment and tension, it may also lead to preventative emergency applications being made to the court by the other party. This will undoubtedly prolong the legal process, increase legal fees which the party hiding the assets will have to pay and have a damaging psychological effect not only on the separating couples but also their children who commonly become stuck in the middle of an acrimonious divorce.

Be reasonable

One cannot expect to obtain a settlement for maintenance or a capital lump sum when the money does not exist, so it is crucial that both parties adopt a reasonable stance. If there is only one income within the household then after a divorce it will need to be stretched over two households instead; therefore compromises will have to be made. Usually, the more you argue, the more you spend on legal costs which will inevitably decrease the value of the matrimonial pot. A High Court Judge in London said earlier this week that there should be fixed pricing in matrimonial disputes when he gave judgment on a case where the parties ended up spending a third of the matrimonial pot on legal fees. It is important to bear in mind the cost to benefit ratio under these circumstances.

Obtaining sensible advice is essential 

Obtaining sound independent legal advice will also help to try and resolve the process smoothly as well as to dispel common myths. There can be a lack of trust between the parties and one party may not believe what the other has told them about the divorce process so independent legal advice can put both parties concerns at ease and help them move forward to achieve a reasonable and fair settlement. Attending mediation and / or round table meetings with your respective solicitors can help to iron out all the outstanding issues in a few sessions.

Divorce can have a devastating effect on a separated family if it becomes bitter and antagonistic. The solicitors at Expatriate Law work under the Code of Resolution, which is an organisation run by family lawyers, whose aim is to approach family problems in a non-confrontational way and to consider the needs of the whole family and in particular the needs of the children.

Sophie Capo-Bianco is an English qualified solicitor and expatriate family law specialist at Expatriate Law, where she is based in the Dubai office. Email Sophie on sophie@expatriatelaw.com.

Know the law when it comes to expat divorce in the UAE

Sonny Patel, specialist expatriate divorce lawyer at Expatriate Law speaks to the National newspaper:

'A court’s ability to accept an application for divorce is called its “jurisdiction”. The choice of jurisdiction on divorce can have far-reaching implications financially.

For expats, there is usually a choice of jurisdiction in which a divorce may take place. Jurisdictions to consider would be that of the husband or wife’s home country (irrespective of where they now live), or the local UAE court.

Jurisdiction will largely depend on the nationality, domicile and habitual residence of both parties. Different definitions and rules apply depending on the law of the home country. For example, for British expats, divorce and financial matters can be dealt with through the English courts, without them even leaving the UAE. This is because proceedings can usually be issued in England based on the parties’ “domicile of origin” even for those who have lived abroad for years.

Here are the five major financial implications of the choice of jurisdiction on an expat divorce (for illustrative purposes UAE law is contrasted only with English law):

1. Division of capital and property

English law allows the courts a wide discretion to redistribute assets of spouses during a marriage breakdown, regardless of the origin and strict legal ownership of those assets. For example, assets acquired before the marriage or those inherited by one party can be vulnerable in a divorce. Ownership could be transferred from one spouse to the other or there could be an order for sale to divide proceeds.

Under UAE law each party simply retains the assets and property held in their names. If all property is held in one party’s sole name, the other cannot claim against that.'

Click here to read more.

Which way to turn? How to choose a good divorce lawyer in Dubai

The starting point for expatriates in Dubai who are considering separating or starting divorce proceedings is that there is usually a choice of jurisdictions in which the divorce may take place. Allowing the proceedings to take place in the wrong jurisdiction can have disastrous financial consequences.  

A good divorce lawyer should be able to advise on jurisdiction, and then help you to unravel the legal ties of your marriage, secure your financial future, and if there are children, help the parties settle into a workable post separation co-parenting relationship. If your soon-to-be-ex takes an aggressive or unreasonable approach, then your lawyer needs to be experienced enough to protect your interests and your assets.

How do you find the right person for the job?

1. International family law is complex and is continuously evolving. It is highly specialised area of law. Choose a specialist lawyer who has qualified in the jurisdiction in which you expect the divorce to place. For example, if you need advice on UK law, ensure that your lawyer is a UK qualified solicitor regulated by the Solicitors Regulation Authority. A general practitioner or an unqualified ‘legal advisor’ muddling their way through is likely to do more harm than good.

2. For British expatriates, it is useful to check whether your solicitor is a member of 'Resolution' - an association of family law solicitors who are committed to the constructive resolution of family problems. In addition, Resolution accredited solicitors have achieved special recognition for their expertise in particular areas of law.

3. Geographical location has become less important. The vast majority of the work in your case can be conducted by telephone, e-mail and skype. Choosing the right divorce solicitor is better than choosing one who is geographically convenient. The best divorce lawyer for you is the one with expertise, training and experience.

4. Choose a solicitor with the appropriate experience to reflect the potential complexity of your case. If your case involves substantial assets and income then consider choosing a senior solicitor. The hourly rates will be higher but the legal costs will be proportionate to what is at stake. If your resources are modest request a junior solicitor to handle your case to keep the costs down. Seek assurances that the junior solicitor will be supervised by more experienced colleagues - in this way you can benefit from their lower hourly rates but you will still have access to the more experienced solicitor where appropriate.

5. Arrange an appointment to see your solicitor. Prepare a list of key events/dates of the marriage, a summary of the assets of the marriage and income of both parties, and a list of key questions. You will get much more out of your first interview with your lawyer if you are prepared with these questions, and it will be an opportunity for you to gauge whether you will be happy to instruct that solicitor to act for you.

Expatriate Law are delighted to welcome two new lawyers to join our Dubai team

Sophie Capo-Bianco and Sonny Patel have joined our team of expat divorce specialists, and are based in our Dubai office.



Sophie Capo-Bianco

After obtaining a Bachelors and Masters degree at university, Sophie went on to obtain a distinction in family law at the College of Law in London. Sophie trained at and worked for Goodman Ray Solicitors, a niche specialist family law firm in London,  for five years before joining Expatriate Law in Dubai.

Sophie is experienced in managing her own caseload and undertaking a wide range of family law matters. Her work has involved advising high net worth clients in private children law proceedings, highly acrimonious residence and contact cases, wardship, jurisdiction disputes concerning divorce and financial remedy proceedings.

Clients describe Sophie as hard working, approachable and empathetic with their difficult situation.  Her determined attitude ensures that she will protect her client as well as providing balanced legal advice.

Sonny Patel

Sonny was admitted as a solicitor of the Supreme Court of England & Wales in 2006.  Before joining Expatriate Law in September 2014, Sonny practised family law at Seddons, a Legal 500 rated law firm based in London’s West End, where he consistently achieved outstanding results for his clientele of professionals and entrepreneurs.

Although based in Central London throughout his career, Sonny has represented clients who have instructed him remotely from locations such as Singapore, Switzerland, South Africa, Canada, the US and the UAE.

Sonny honed his skills working with (and successfully acting against) leading lawyers in London’s best family law teams. His recent experience encompasses high net worth divorce and financial settlements, advice on jurisdiction and forum shopping, the relocation of children across international borders and negotiating and drafting prenuptial agreements.

Sonny is a solutions-driven negotiator and is highly motivated by a desire to help his clients emerge from the legal process with their finances and their dignity intact – particularly where there are children involved. However, if reasonable agreement cannot be reached Sonny has significant experience of litigation in the London courts.

Meet the rest of our team.

The Sassy Mama Dubai guide to divorce and separation for British expats

Alexandra Tribe talks to the Sassy Mama Dubai and provides tips for separating couples in the Middle East.

I find that divorce is a taboo word for most mothers. I’m often nervous to say that I’m a divorce lawyer because for many people, divorce is associated with anger, hurt and acrimony. But it doesn’t have to be like that. Separation can be straightforward. With careful advice and guidance, it is possible and now increasingly common for couples to separate amicably and remain on good terms for the sake of their children.

Here are tips for any mums feeling uncertain about their marriage, who don’t know where to turn:

1. Firstly before considering divorce or separation, try counselling. The years of motherhood are beyond exhausting and put a strain on the most stable of marriages. You may not think it, but everyone’s trying it, whether they are having marriage problems or just need help with communication. It works. Life coaching is a form of counselling that can be helpful for troubled marriages; it seeks to improve communication and plan for the future rather than dwelling on the past.

2. ‘Jurisdiction’ – this means what court where would accept an application for divorce. Many expat mums may not know that they can divorce quickly and easily in their home country whilst living abroad. For example, we have assisted thousands of British expats to divorce through the English courts. The financial outcome in the courts of your home country may be better than in the courts where you live.

3. Make a plan – think about the practical implications of separating. Where would you live? If you are an expat, would you move home with the children? Consider that you may not be legally allowed to relocate with the children without your husband’s consent. 

4. Consider your financial needs – start writing down your day to day spending on yourself and the children so you know what your income needs are. Keep receipts for larger items. This is important as often your income needs will form that basis of any financial settlement you reach with your husband.

5. Be financially savvy – think whether you are aware of your family finances. Consider whether you may want to protect jointly owned assets; banks will often make a jointly owned account a ‘joint signatory’ account if there is a risk one party will remove all funds.  Try to ensure you have some emergency funds set aside. Ask your lawyer how property in your husband’s name may be protected.

READ MORE HERE: http://www.sassymamadubai.com/the-sassy-mama-guide-to-divorce-and-separation/

Divorce in Dubai and Abu Dhabi

        

 

As an expatriate living in the Dubai, United Arab Emirates, it is hard enough to know where to turn for a decent plumber, let alone specialist advice on matrimonial and family problems.  In the UK, the Solicitors Family Law Association (now “˜Resolution’ ) or the Law Society may be your first port of call. UK family solicitors and mediators are jumping from the pages of the telephone book and the internet.  A large percentage of UK residents also have access to free legal advice and assistance via firms with a franchise from the Legal Services Commission. Help is in abundance.

 

However in the event of a marriage or relationship breakdown whilst living in Dubai, it is more difficult to know where to turn.  A person going through such problems may suffer months of anxiety before they are able to obtain advice and reassurance.  They will find themselves requiring answers to questions such as “˜will I be able to stay here if we separate?’, “˜who will sponsor the children and provide visas?’, “˜can I divorce, and if so, where?’, “˜how will I manage financially?’  and “˜what am I entitled to?’ They may even have concerns of the criminal implications of the marriage breakdown, for example if one party to the marriage had committed adultery. In addition, they are likely to be feeling conflicting emotions such as guilt, anger, sorrow and vulnerability.  The sooner these issues are addressed, the better.  Often I have encountered clients who once they have been advised of their rights, reconciliation with their spouse follows, as insecurities are put aside.

 

Matrimonial and family issues are on the rise in the United Arab Emirates. Whereas a few years ago financial pressures and outside influences did not seem to create a significant affect on family life, long working hours, increased living costs, financial troubles, more social activities and pressures of work are leading to the breakdown of marriages here. In addition, financial vulnerability of some wives makes marriages more precarious. In Dubai in particular I have noticed that women are less in control of their financial situation within a marriage than they are in the UK.  If their husband is the main earner in the family, I have found that he is more likely to be in charge of financial arrangements.  Where a tax free salary is earned, more people have income in excess of their outgoings to be invested in pension funds, properties or other savings and ventures.  Not always intentionally, a wife may be kept in the dark about such investments.  Should the unfortunate breakdown of a relationship occur, the wife may be left guessing at the husband’s salary, let alone details of his offshore investments.

 

As a member of Resolution in the UK, I am obliged to follow a code of conduct that promotes reconciliation where appropriate or otherwise advocates a constructive, non-confrontational approach to the resolution of family law matters.  In my experience, this minimises disruption and harm to any children involved.  It also preserves the matrimonial assets by keeping costs low.  It is widely recognised that agreed solutions are more likely to work in the long term than any arrangements imposed by the Court.  Issuing Court proceedings in order to litigate an issue in dispute can often be seen as a hostile act, and should only be used as a last resort. However immediate and decisive action such as Court proceedings may be needed at times to safeguard the interests of a client, for example to stop one party dissipating matrimonial assets without the others’ consent, or to obtain child maintenance urgently.

 

On a first meeting with a client who wishes to separate from his/her spouse, an early consideration is jurisdiction.  What is the appropriate forum for proceedings for divorce to be commenced?  Which jurisdiction would lead to the most favourable outcome? Jurisdictions to consider would be that of the client’s home country, the spouse’s home country, or the jurisdiction of the local Dubai courts.
Jurisdiction will largely depend on the nationality, domicile and habitual residence of both parties.  British expatriates are often unaware that divorce and financial matters can be dealt with swiftly through the UK courts, without them even leaving Dubai.  A divorce is most usually entirely carried out on paper, without the attendance of the husband or wife at Court. It is not, as often thought, necessary to divorce in the place in which you were married.

 

Alternatively, divorce proceedings can be commenced in the Dubai Courts. Contrary to belief, Sharia law will not necessarily apply. If parties are in agreement about divorce, financial and children matters, using the local Courts may save time and be cost effective.

 

Jurisdiction is a complex issue, and requires detailed consideration.  Lengthy delays to any proceedings, amicable or otherwise, can take place if matters are commenced in the wrong jurisdiction.   It is also important to be aware from the outset of the enforceability of any orders that are obtained. Some orders made by the English Courts may not be enforceable in Dubai if they conflict with local laws. If separating couples seek comprehensive advice on all these aspects at an early stage, they can ensure increase the likelihood of amicable and swift resolution of the issues between them.

 

As in life, the key to a good marriage is compromise.  The same can be applied to separation and divorce.  Both parties must compromise with one other and to avoid the entire family becoming embroiled in a lengthy, costly and upsetting period; each party must try and continue to consider the feelings, needs and rights of the other party.

 

I am a solicitor specialising in divorce and children matters for British expatriates. You can reach me at Alexandra@expatriatelaw.com or visit our website at www.expatriatelaw.com for Skype and telephone details.

Child abduction within expatriate families

The number of parental child abduction and custody cases has more than doubled over the last decade, with almost two children being abducted abroad each day, according to new figures released today by the Foreign & Commonwealth Office and Reunite, the child abduction charity.

 

In 2012/13 alone, 8 children were abducted to the United Arab Emirates, 5 to Oman and 35 to Pakistan.

Alison Shalaby, Chief Executive of Reunite, said:

'Parental child abduction is not faith or country specific – we see cases involving a range of countries from France and Poland to Thailand, Pakistan and Australia. The holidays can be a particularly stressful time for families, especially if the relationship between parents has broken down. However, there is help available if you think that your partner may be considering abducting your children. Last year we helped to prevent 412 cases involving 586 children which demonstrates something can be done to prevent it from happening to you.'

Read more here.

 

If you have concerns that your spouse may be considering taking the children from their home country without consent, please email us for urgent and confidential advice on the preventative measures that can be taken to prevent abduction of expat children.

 

Visit our website for further information and our contact details.

For richer or poorer ... and in writing - The National

Alexandra Tribe talks to Andrea Anastasiou from the National Newspaper about prenuptial agreements for British and other expats.
For richer or poorer ... and in writing - The National