Globalisation and family law

Globalisation is not a new concept. However, in recent decades, the pace at which the world is becoming more accessible – physically, financially and technologically – has rapidly increased. Globalisation is defined as the growing interdependence of the world’s cultures, economies and populations. Individuals as well as organisations are taking on a more global outlook, and their success is more interlinked with foreign countries than possibly it ever has been.

The impact of globalisation can be felt as a reality among families. People are becoming more internationally mobile physically, often living in more than one country across the year. Much of this is due to the lifestyle opportunities offered overseas and, in many cases where families are leaving the UK, the guarantee of better weather and more favourable tax systems, especially for higher earners.

However, there are other financial and business draws that encourage people to choose to live elsewhere or at least hold some of their interests abroad. This is often in the shape of property, with second and third homes, as well as tax efficiencies and opportunities for business, investment and asset growth. The movement of assets has become far more fluid in recent years, especially where assets are non-tangible. It is easier to invest and transfer across borders, even where people are not resident or physically present in the recipient country.

So, globalisation is increasingly popular, but there can be some specific issues when it comes to the breakdown of families, and the process of divorce.

How is globalisation affecting family law structures?

Family law is very much domestic in nature. The framework in England & Wales differs from that of Scotland, their next-door neighbour, not to mention further afield. In some examples, family law frameworks abroad have been modernising, most notably in the Gulf States, where new protections have been put in place for survivors of domestic abuse. Additional grounds for divorce have also been introduced, such as addiction.

This means that for internationally mobile families needing family law services, there may be a choice of which jurisdiction should hear the divorce application, and potentially a jurisdiction race ensues, where each party will try to seek the best legal system for their case. Divorce tourists have often chosen London, the “divorce capital of the world” (providing they meet the necessary criteria). England and Wales, as family law professionals know, is considered to have a reasonable legal framework that supports the position of the financially weaker spouse. The requirement for financial disclosure, and the relatively lower weight given to nuptial agreements are other factors impacting an individual’s decision. We have seen the “draw” of London most recently in Potanina v Potanin [2025] EWCA Civ 1136.

For family professionals, globalisation has impacted significantly both in terms of the way firms operate, and how we work with clients. In many examples, firms are opening offices or creating partnerships abroad to ensure that clients are served in the most appropriate way for their circumstances, which requires consideration of the legal implications of settlements and orders made by one court and how or whether they will be enacted in another jurisdiction.

What does this look like for divorcing or separating couples?

In practical terms, globalisation has an impact on the ground for families going through breakdown. The key considerations are:

Criteria to apply for divorce

First and foremost, it must be appropriate for a party to apply for a divorce in their chosen jurisdiction. It’s not a simple choice of where looks most appealing. Different countries will have different rules on how these criteria can be met. In E&W there are specific thresholds relating to habitual residence and country of domicile, for example:

• both parties are habitually resident in E&W
• the parties were last habitually resident in E&W, and one party continues to live there
• the respondent to the divorce application is habitually resident in E&W
• one or both parties are domiciled in E&W
• habitual residence or domicile, and resident in the jurisdiction for a specific period of time

Whilst individuals can live in multiple countries, to apply for divorce in E&W they must be able to prove their centre of interest is there, ie their habitual residence. It is common for divorce tourists to be able to fulfil the necessary criteria by taking up residence, exemplified by Mrs Potanina, who the Court of Appeal found to have a “real and meaningful” connection to E&W.

Financial matters

International assets, including property, investments, shares, cryptocurrency etc, are possibly one of the biggest challenges being faced by family lawyers when it comes to globalisation. Financial planning does not have the same national borders as physical location does. Assets are commonly global, and this is not limited to high-net-worth individuals – many others are also taking advantage of the opportunities offered internationally, especially digital assets, which are by their very nature borderless.

However, in the event of relationship breakdown and divorce, this complex landscape can potentially elongate the process of financial disclosure. Assets will need to be professionally valued to understand exactly what is on the table in divorce. Where international assets are involved, this can potentially cause issues. It is likely the services of an expert financial adviser and, in some cases, a forensic accountant, will be required. There will also need to be communication with professionals in the foreign jurisdiction. Where digital assets and cryptocurrency are involved, there can be further complications as their value can change dramatically over time, especially where there are fluctuations in the market due to international issues.

Further than this, any orders made in one jurisdiction, for example E&W, may not be as easily applied in different countries. In some countries, new proceedings might be required before orders can be enforced.

International child arrangements

As families become more global, parents and children often span different countries. Multinational parents may spend parts of the year with their children in their home nation, or children may be in education away from home. Child arrangements can be emotionally charged at the best of times, but bringing an international element to this can further muddy the water.

Disputes can arise over which location is best suited for raising the children, particularly where each parent has strong ties to a different country. The court’s primary concern is the child’s welfare, along with preserving a meaningful relationship with both parents – where safe to do so – and the wider family network. When relatives are spread across different parts of the world, additional complications can emerge.

There is also a risk of child abduction, where one parent takes a child out of the jurisdiction without the consent of the other, which is often a more significant risk in cases with international links. This issue tends to be highly emotional for families and presents significant legal challenges, especially for family lawyers who must navigate and interpret the private children laws of different countries.

Supporting clients through amicable dispute resolution

As these situations can cause additional tensions, the importance of family practitioners and a focus on amicable dispute resolution cannot be overstated. The change in the Family Procedure Rules in 2024 emphasises that exploring NCDR options is not a tick-box exercise. However, it is the responsibility of family lawyers to ensure that clients understand how helpful processes such as mediation can be when dealing with international issues. Mediation, for example, can be done virtually, where clients are in physically different locations. Although it is generally preferable for discussions to be had in person, it may not be practically feasible, so virtual negotiations can be held instead.

Family lawyers will also need to work closely with lawyers in the relevant jurisdictions, as well as professionals in and around the divorce space who specifically deal with international clients, such as financial planners, forensic accountants and divorce coaches. This helps to ensure clients have the holistic support necessary to navigate sensitive and potentially complicated proceedings.

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