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Financial Claims on Divorce

Enforceability

Before choosing where to issue divorce proceedings it is important to make sure that:

  • Your decree of divorce will be recognised in all the countries that it needs to be
  • Any financial order that you obtain will be enforceable in the area where the assets are held

Choosing where to issue proceedings is often determined by the location of your assets and the most effective means of enforcement.

There are certain systems of mutual recognition and enforcement of financial orders between various countries across the globe, which have come about as a result of a number of international agreements and conventions.

A financial order made in a foreign country can often be registered as an order of the court of England and Wales provided that a convention of mutual recognition and enforcement applies, and either the paying party is resident here, or England and Wales is where the assets in question lie. The English courts can proceed to enforce the order once an order has been registered as an order in England and Wales.

The most common methods of enforcement in England and Wales are attachment of earnings orders, third party debt orders and charging orders over property.

Financial orders made in England and Wales can only be enforced in a foreign country if the laws of that country allow it and if that country has signed up to the agreements/conventions which allow mutual recognition and enforcement to take place.

Through our MSI connections we can assist you in enforcing orders outside of UK jurisdiction.

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