The 36 Family offer advice and representation on international family law issues. We have a Singapore office and well-established links with law firms globally. . Our services are able to meet the needs of clients based in the UK whose affairs have international aspects, and the needs of clients based overseas who need the assistance of the courts of England and Wales or advice about family law, including enforcement, in England and Wales.
We have an office in Singapore to service the needs of our clients in the Far East, along with well-established links with law firms based on almost every continent.
Several of our barristers have been elected as Fellows of the prestigious International Academy of Family Lawyers.
A number of our barristers speak a foreign language.
We can also provide expert evidence to foreign courts or bodies about matters of English Family Law, including appearing as an expert witness in a foreign court.
Services we provide in international family law
- Marital / separation agreements for parties with cross-border financial arrangements
- Jurisdictional disputes and forum conveniens
- Determination of marital status
- Recognition of foreign divorce
- Private International Law issues (family law)
- Determination of property ownership of property based in England and Wales
- Worldwide asset preservation orders
- Offshore trusts and investment structures
- Financial claims in England and Wales after divorce proceedings conducted overseas
- Financial provision for children where a parent is based overseas
- International enforcement of orders
- Reciprocal enforcement of maintenance orders (REMO)
- Cryptocurrencies and crypto-assets
- International conventions and treaties including:
- Lugano Convention
- UN Convention on the Recovery Abroad of Maintenance
- Brussels IIA
- The Maintenance Regulation
- Matrimonial Property Regulation
- Service Regulation
- Taking Evidence Regulation
- European Enforcement Order
- Rome Convention
- Bringing or defending child abduction proceedings, Hague / non-Hague / BIIR
- Relocation Applications
- Applications relating to temporary removal from the jurisdiction
- Emergency orders preventing cross border travel
- Applications for s.8 orders with an international element
- Obtaining mirror orders
- Parental orders following international surrogacy arrangements
- Securing parental responsibility
- Recognition and enforcement of foreign orders relating to children
- Determination of parental status in England
- Jurisdictional disputes and forum conveniens – overseas territories
- Jurisdictional disputes within UK / British Isles
- Private International Law issues (family law)
- Article 15 applications for the transfer of proceedings
- Applications under the 1996 Hague Convention
- International adoption
- Care and placement proceedings concerning international families
- Cross border dispute resolution
Services for individuals based overseas
- Representation in English proceedings
- Advice on merits of issuing proceedings in England and remedies
- Advice on English jurisdiction and forum conveniens
- Expert evidence on English law for use in proceedings overseas
- Advice and assistance with advocacy in jurisdictions which apply English law or are influenced by it (including the Channel Islands, Isle of Man and Hong Kong)
- Obtaining disclosure and evidence from individuals or companies based in England and Wales for use in proceedings overseas
- Marital / separation agreements for parties with cross-border financial arrangements
- Financial provision for children from a parent based in England and Wales
- Pension sharing over English based pensions
- Enforcement in England and Wales of orders made overseas
- Representation in English proceedings relating to children generally
- Bringing or defending child abduction proceedings, Hague / non-Hague / BIIR
- Advice on merits of issuing proceedings in England and remedies
- Advice on English jurisdiction and forum conveniens
- Advice on parental status in English law
- Expert evidence on English law for use in proceedings overseas
- Advice and assistance with advocacy in jurisdictions which apply English law or are influenced by it (including the Channel Islands, Isle of Man and Hong Kong)
- Advice on applications for Parental Orders following international surrogacy arrangements
- Recognition and enforcement of foreign orders
- Cross border dispute resolution
We are also able to call on the expertise of our colleagues in other parts of the 36 Group to assist in related areas such as immigration law, taxation and international criminal or commercial law as required.
Services for Trusts and Companies Based Overseas
We provide advice to offshore trusts and companies who have property or assets in England and Wales which is subject of a claim made by a spouse during divorce proceedings. We also represent such entities in the event they become parties to such proceedings or face requests for disclosure from the English courts.
Dispute Resolution
Our experienced team of arbitrators and mediators are regularly engaged to mediate and arbitrate disputes where one or both parties are based outside England and Wales. Where possible we use video-conferencing and other technology to minimise the requirements for the parties and their lawyers to travel.
Many of our arbitrators and mediators have conducted arbitrations and mediations outside England and Wales where the parties are resident in another jurisdiction.
Relevant Conventions, Treaties and Statutes
We have experience of dealing with the following international treaties and instruments:
- Brussels I
- Brussels IIA
- European Enforcement Order
- Hague Convention 1980
- Hague Convention 1996
- Hague Convention 2007
- Lugano Convention 2007
- Maintenance Regulation
- Matrimonial Property Regulation
- Rome Convention
- Service Regulation
- Taking Evidence Regulation
- UN Convention on the Recovery Abroad of Maintenance
UK international enforcement legislation including:
- Administration of Justice Act 1920
- Civil Jurisdiction and Judgments Act 1982
- Foreign Judgments (Reciprocal Enforcement) Act 1933
- Maintenance Orders (Facilities for Enforcement) Act 1920
- Maintenance Orders (Reciprocal Enforcement) Act 1920
- Maintenance Orders Act 1950
- Maintenance Orders (Reciprocal Enforcement) Act 1972