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You are here: Home Family & Kids Partners Divorce overseas: ten steps to protect your children.
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27/05/2008Divorce overseas: ten steps to protect your children.

Frank Arndt looks at cases where the expat dream ends in despair and frustration. If your marriage breaks down, the prospects can be daunting if you are “stuck” in a foreign country.

In all areas of life, the world is getting smaller. Every year, British families embark on the dream of a new life abroad. At the same time, long-distance relationships are on the rise.

For many ex-pats, this new life provides all the happiness and enjoyment for which they had hoped. For an unfortunate few, this dream ends in despair and frustration. If your marriage breaks down, the prospects can be daunting if you are “stuck” in a foreign country, without a strong grasp of the language or knowledge of local culture.

However, while you may feel isolated, faced with complicated legal issues and dealing with foreign lawyers in an alien language, the truth is that help is always at hand. 

My own firm has helped people from all over the world who have found themselves in such a situation and called upon us for assistance. In almost every case, the first questions we have been asked have concerned the client’s children: what can be done to protect them? What can be done to ensure that access is not unfairly restricted?

The good news is that even in the most serious of cases, where spouses return home one day to find their partners have fled taking the children, there are legal remedies. Although divorce is an extremely traumatic experience for any parent to go through, the first steps are always the most important and the main priority is to keep a level head.

For example, if certain criteria are met, you may be able to argue that you have a right to file legal proceedings in another country. Different countries require different levels of “residency” to allow legal proceedings to start. This question is no small one, because family law can vary enormously between one country and another – and the financial implications can loom large.




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