A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info


What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


Affects on judgement by moving overseas?

  • Wiser
  • Wiser's Avatar Posted by
  • Elite Member
  • Elite Member
More
08 May 12 #329209 by Wiser
Topic started by Wiser
If you have a judgement or Consent Order made in the UK and one party moves outside the EU, how can the order be enforced?

ie if there is no reciprical agreement with this country in the Hague convention?

How can you find out if this country is actually in the Hague convention to start with??

  • Wiser
  • Wiser's Avatar Posted by
  • Elite Member
  • Elite Member
More
08 May 12 #329212 by Wiser
Reply from Wiser
Just done a search and the country in question is not in the hague convention.

Where does this leave a judgement or Consent Order???

  • Fiona
  • Fiona's Avatar
  • Platinum Member
  • Platinum Member
More
08 May 12 #329214 by Fiona
Reply from Fiona
Is it a divorce, financial or children order?

  • Wiser
  • Wiser's Avatar Posted by
  • Elite Member
  • Elite Member
More
08 May 12 #329215 by Wiser
Reply from Wiser
Sorry, further investigation I have found that the country in question IS a MEMBER of the Hague Conference.

It has ratified/acceded to certain conventions on civil procedure and SIGNED for law applicible to maintenance obligations towards children. (that''s good news)

That leaves the question whether it has a recipricol agreement about property.

Anyone know the answers to a quite complicated senario?
Much obliged.

  • Fiona
  • Fiona's Avatar
  • Platinum Member
  • Platinum Member
More
08 May 12 #329220 by Fiona
Reply from Fiona
So it''s a financial order. YOu really need independent legal advice. Enforcing financial orders abroad is complex and depends on the other country involved. Although a court in the UK can make an order against foreign property in practice it will only do this if it is satisfied that the order can be enforced abroad.

In certain circumstances maintenance orders can include lump sums and the transfer of property. If a property order can''t be enforced abroad then the value of the property can perhaps be offset against assets held in the UK

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11