Dave Harries: Kate, Woolley & Co have a reputation
for being experts at expat divorces, so tell
me what are the peculiarities for a UK couple
living abroad who want to get divorced.
Kate Butler: The first thing we have to be
able to show is whether there is even jurisdiction
for them to be able to get divorced in this
country. Part of the consideration at that
very early stage is to suggest to all of our
clients, that it is really important they
find out what might happen if they started
their divorce in the country that they are
living in. Obviously there are very different
rules and regulations in different countries
all over the world and for example, the way
a particular country might insist that you
share your assets out may be very, very different
in another country So finding out at a very
early stage what the consequences could be
of divorcing here compared to divorcing in
the state that you might be living in is really
important.
Judith Buckland: And just following on from
that, I think one very important factor is
to look at what would happen with regard to
the asset in any country. So when talking
to the lawyer of the domestic country that
you are in, you need to find out what that
country’s policy would be with regard to
enforcing any financial order against an asset
in that country because it can often be very
difficult to do it from this country. So for
example, if you have got an English divorce
and made an order about an asset in a foreign
country, one thing you must consider is how
would I enforce that order if there are problems.
One of the things that we all of us do in
that regard is to make sure that we speak
with experts of the country so that our orders
in England are drafted so as to maximise the
possibilities of enforcing in another country.
