It is unlikely that the Courts of England and Wales will have the power to make a determination over an asset that is based in the US for example, and of course the same applies to a US court making a determination over an asset based in England and Wales.
It is most likely, therefore, that the relevant legal jurisdiction will only be able to make determinations over those assets based in their country, and separate legal proceedings will need to be brought in both countries to handle the relevant assets in full.
The different countries may also have differing ways of handling assets and financial settlements upon the breakdown of a marriage. One country’s processes may favour one party over the other, but this is the risky nature of litigation itself and having assets based in different jurisdictions.
It is imperative that full legal advice is taken before entering into a marriage where the parties are from differing jurisdictions and have assets based across them.
A pre-nuptial agreement, then, is the most sensible document to consider in order to protect all assets.
Family complications
One of the most contentious areas of any divorce is children.
Turner and Jonas’ acrimonious proceedings up until very recently have highlighted just how emotionally and geographically stressful international divorces involving children can be.
Turner’s claim of wrongful detention and child abduction, citing the relevant clauses of the Hague Convention, against her ex-husband caused a media frenzy. Turner claimed that Jonas had refused to hand over their daughters’ passports, which he was responsible for at the time.
Although the term child abduction is often misused, it does have extremely serious connotations and the reality is that it is far more common than we may think.
Child abduction, in a family law context, is when one parent, or an individual with parental responsibility, removes the child(ren) from the other parent and/or the jurisdiction without the permission of that parent or the court.
Another commonality is the unauthorised retention of the child or their passport, which can also lead to a claim of child abduction. Hence why child abduction, particularly in the context of separating parents who are originally from differing jurisdictions and return there after the breakdown of a relationship or marriage, is frequently claimed.
Child abduction claims are complex and need specific advice and can be a long and drawn-out process.
Although seemingly mediation has been successful for Turner and Jonas, and they have come to a child arrangement decision that suits them, for many couples this is unlikely to be the case.
Child law in divorce can be emotionally and legally stressful at the best of times. In international divorces involving children, matters can be all the more complicated.
