"It is a truth universally acknowledged, that a single man in possession of a good fortune must be in want of a wife": in Jane Austen's era, that meant attending at the latest ball and hoping to catch the eye of an eligible bachelor or bachelorette across the candlelight, or impressing them at afternoon tea the next day with a particularly well played piece on the pianoforte.
In those days, it was probably relatively noteworthy if your spouse came from the next county, never mind half-way across the world with a different native language. Relationships in the 21st century are a much more international, diverse and multicultural affair than in Georgian Britain, and that can bring with it particular challenges that didn’t arise when your potential spouse likely lived within riding distance of Pemberley.
Pre-nuptial agreements
As family lawyers, we regularly advise clients embarking on marriage or civil partnerships to consider whether any protection is necessary of pre-marital, gifted or inherited assets, in the event of a future separation. This can take on an even greater significance when there may be assets in different parts of the world subject to different legal systems. You may want to consider contracting within your pre-nuptial agreement as to which country will have jurisdiction in the event of any future separation, and as such which country's laws will apply to financial provision on separation and divorce.
'Forum shopping'
Individuals with different citizenships and connections with more than one jurisdiction may find, in the event of separation, that more than one country could have jurisdiction to deal with their divorce. Although we would always strive to resolve matters outwith a court context in the first instance, in certain circumstances it may be beneficial to seek to raise and sist (ie freeze) a court action in your preferred jurisdiction, to try to ensure it is the country which will deal with resolving matters should amicable agreement not be possible. This can involve expert input in more than one jurisdiction to identify grounds of establishing jurisdiction in a particular country and where it may be most in your interests to proceed.
If I am divorced overseas will it be valid in the UK?
Provided you have been divorced validly under the law of the country granting the divorce and comply with certain residency requirements then Scotland and the rest of the UK will recognise your divorce – there is more detail in this recent blog on the topic.
Child law matters
Having parents with different citizenships can mean, in the event of relationship breakdown, one parent has a desire to relocate with the children, often to return "home". One parent cannot remove a child from the UK without the other parent's consent. This may mean needing to think about how you can negotiate any impasse with regards to the future location of children, via negotiation or mediation. Where agreement is not possible, the parent seeking to relocate will require to seek an order of the court before doing so.
In certain cases, parents act first and remove or retain children outwith the UK (or bring them here) without the consent of the other parent. In those circumstances, provided the countries are both signatories to the 1980 Hague Convention on the Civil Aspects of International Child Abduction, an application can be made for return of the child to the UK, or the country they have been removed from. There can be a lack of awareness amongst parents that, even if you are acting in what you believe is your child's best interests, it may be wrongful if you remove or retain the child outwith the UK without the other parent's consent. If a relationship breaks down and there are children and cross-border issues we would recommend seeking specialist family law advice at an early stage.
Other areas of law
Different citizenships and relocation will often also mean there is a need to consider immigration status and visas. Spouses may find they need to take specialist immigration advice regarding either bringing a spouse to the UK or the requirements for them to reside in a different country.
Similarly, the interplay of assets in different jurisdictions, or different citizenships, may be important when thinking about taxation, succession and how an individual's affairs will be dealt with in the event of their death. Once again, specialist advise from lawyers in the relevant jurisdictions will be essential.
So what is the message if you are hoping to find your own Mr or Mrs Darcy in 2025? Well, thankfully, that may no longer be reliant on your dancing or piano-playing skills, but if your spouse-to-be comes from beyond our shores then it is important (if not romantic!) to think through some of the legal implications and consider taking specialist legal advice at an early stage. For more information, please get in touch with one of our family lawyers.
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