If you are a UK national living abroad, a foreign national living in England and Wales, have assets abroad or your partner/spouse works abroad, or you are married to, or in a relationship with or have a child with a foreign national, you are likely to need expert international family law advice in the event your relationship breaks or has broken down.
Rules regarding which assets are eligible for inclusion in the divorce settlement, disclosure requirements and the rules regarding maintenance can vary from country to country. Identifying the best jurisdiction for clients at a very early stage of the proceedings (also known as “forum shopping”) is key to helping to ensure the protection of worldwide assets held.
At Michelmores, we have the expertise to help guide you through the complexities of international family law, and we have access to a network of expert foreign lawyers.
If you are a foreign national living in the UK or a UK national married to a foreign national, Brexit will affect how the English Courts and how the EU courts will deal with divorce, maintenance and children cases in the future. These rules change on 1 January 2021. It is essential that you take expert advice before the end of December 2020 if you are separating or separated from your spouse or partner as you may be disadvantaged if you do not act quickly.
Successfully winning an appeal in the Court of Appeal relating to an international child maintenance case, confirming that a payer should be resident in England and/or Wales or have assets in these jurisdictions to apply to register an EU judgment in the English courts.
Advising on matters involving Chinese nationals/assets, including a successful defence of a High Court action brought against a Chinese client whose mother was allegedly sheltering assets on her behalf
Successfully defended a £100M offshore trust from financial claims brought in the High Court
Daniel is currently Resolution’s spokesperson on the impact of Brexit on international family law and was the only solicitor to give evidence to the Justice Select Committee on this issue, and regularly advises the MoJ as a result.
Representing a client based in the Middle East in financial remedy proceedings at court in a case where a significant QROP was the main financial resource of the parties;
Regularly advising on divorce proceedings with cross-border elements, including matters involving asset protection for high-net-worth clients
Advising on financial claims on behalf of children, including CMS disputes, usually in complicated assets cases or where one parent is or has assets abroad
Expertise in resolving complex financial cases involving married and cohabiting couples, including those with an international element
Advising clients in relation to complex business structures, trusts, property portfolios, pension and tax issues on separation
Advising clients in respect of pre-nuptial agreements where parties have substantial international assets and significant business assets
Daniel is the author of Resolution’s International Online Guide and Practical Law’s guidance on impact of Brexit on International Family Law