Knowledge and resources

The rules around the validation of overseas divorces are not clear-cut, and may require expert evidence from the country where the divorce was obtained

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs explores the possible legal scenarios of judicial cooperation between the EU and the UK in the area of family law.

This is a glossary of key terms in international family law.

This list of useful links and resources accompanies Resolution's Guide to International Family Law.

This table of forms accompanies Resolution's Guide to International Family Law.

This is a table of cases that accompanies Resolution's Guide to International Family Law.

This is a table of legislation that accompanies Resolution's Guide to International Family Law.

This chapter considers different immigration law issues that can arise across the spectrum of international family law.

This chapter considers what is required to achieve jurisdiction so that an order can be made under Part IV of the Children Act 1989.

This chapter deals with the issues that may arise when dealing with an international adoption.

UK law supports surrogacy if it fits a model deemed acceptable: purportedly altruistic, consenting and privately arranged. Surrogacy is therefore not illegal in the UK but it is restricted by legislation.

The issue discussed in this chapter arises when or after an international relationship breaks down and either of the parents wishes to relocate.

Always consider child abduction/retention in any case involving a child and a foreign element.

The fundamental rule in this jurisdiction is that the responsibility of a parent as regards the person and upbringing of a child is unaffected by domicile or nationality.

This chapter looks at how it is possible to transfer parental responsibility proceedings between member states, beyond the jurisdictional rules.

To the extent that there is a codified jurisdictional rule in England & Wales, it is found in Chapter II of the Family Law Act 1986 (FLA 1986). Never the easiest piece of legislative drafting, the Act has grown increasingly more cumbersome through successive amendments to take account of various international instruments concerned with jurisdiction.

This is a quick reference guide to assist in identifying the appropriate regulation, statute or convention, but in all cases it is necessary to review the specific instrument to ensure that it applies

The issues discussed in this section arise when the financial resources of a couple divorcing in England & Wales include an overseas pension or the family lawyer is contacted by an overseas lawyer to explain that the financial resources of a couple divorcing abroad include a pension from an English provider.

This section summarises various types of trusts and what steps the family solicitor should consider when faced with one. It is beyond the scope of this guide to provide more than a brief overview of this complex subject.

This chapter deals with whether it is possible to swear a document abroad to be used in English proceedings and who can swear a document abroad; the taking of evidence abroad; and evidence of foreign law.