Can you Enforce a Financial Order That was Made Abroad?

Some typical things you might need a Financial Order for are:

• A UK pension or the sharing of it
• Payments of maintenance to you or your children – if the person paying lives in England and Wales or has assets here
• The lump sum payment from a person who lives or works in England and Wales or has assets here.
• The Transfer of a property to your name

The method of enforcing a Financial Order differs massively depending on the country where the order was originally made. Our team of Family Law Solicitors can help you through the process no matter which country you are dealing with.  If you are involved in a Financial Order that is being made abroad but has to be enforced here, contact us so we can make sure that everything is legally compliant before you return.

This can be a complex area of the law though and it’s very important that you take specialist legal advice if this is something you need to do. We provide friendly, straight forward legal help and can act for you in any enforcement proceedings. Our experienced team of Family Lawyers can help you whether your Financial Order was made in an EU country or further afield.

Enforcing Foreign Financial Orders in the UK

Enforcing a foreign financial order in the UK is governed by international agreements and the recognition of foreign judgments. The primary piece of legislation that facilitates this process is the Family Law Act 1986. This Act allows for the enforcement of certain foreign financial orders within the UK, subject to specific conditions.

Key Conditions for Enforcement of Foreign Financial Orders:

Reciprocity: For a foreign financial order to be enforceable in the UK, the country that issued the order must have a reciprocal agreement with the UK, meaning it recognises and enforces UK financial orders as well. This reciprocity is vital in ensuring a fair and balanced approach to international financial matters.

Comity: The principle of comity plays a crucial role in international law and legal relations. It involves a recognition of mutual respect between jurisdictions and their legal systems. Comity is a cornerstone of international enforcement of financial orders.

Registration in the UK: To enforce a foreign financial order in the UK, it must first be registered in the country's family court. The applicant should file an application to recognise and enforce the foreign order.

Overseas Maintenance Orders

If you have had a overseas maintenance order granted in a European Union member country and it was granted prior to Brexit (11pm on 31st December 2020) then it is automatically recognised in England and Wales and is enforceable here. However, the government of whichever country it was made in must arrange the transfer of the order to England via the Reciprocal Enforcement of Maintenance Orders (REMO) department of the UK Government which will arrange enforcement action.

In countries outside of the EU the process varies and is dependent upon whether there is an international treaty in place between the UK and the relevant country. The most common route for transmission and enforcement is using the 2007 Hague Convention which includes 90 different countries, however many others are not part of this, so it’s important that you ask for advice regarding your own individual circumstances.

Challenges in Enforcing Foreign Financial Orders

While the legal framework exists for the enforcement of foreign financial orders in the UK, several challenges and complexities may arise in practice:

• Differing Legal Systems: The UK family law system may have significant differences from that of the country where the foreign order was issued. These disparities can complicate the recognition and enforcement process.
• Language Barriers: Language differences can hinder the interpretation and understanding of foreign orders. Translations and legal expertise may be required to bridge this gap.
• Currency Exchange and Financial Systems: Different currencies and financial systems can pose challenges when enforcing financial orders, especially when it comes to calculations, conversions, and executing payments.
• Cultural and Jurisdictional Variations: Different cultural norms and practices, as well as variations in jurisdictional approaches, can impact the interpretation and enforcement of financial orders.
• Jurisdictional Disputes: In some cases, jurisdictional disputes may arise, with both countries asserting their authority over the matter. Resolving these disputes can be time-consuming and complex.

Property and Pension Sharing Orders Made Overseas

These are not so straight forward to enforce but again there a number of international treaties that can help as well, such as the Matrimonial and Family Proceedings Act 1984 & the Trusts of Land and Appointment of Trustees Act 1996. There is usually a way to make sure you can get the money or asset that has been awarded to you. It’s important that you seek specialist advice from our team of Family Law Solicitors as soon as possible though. We have lots of experience dealing with international divorces and Financial Orders.

If you have any questions about how to enforce a foreign Financial Order in England and Wales or if you are about to go through this process, get in touch with our Family Law Solicitors to see how we can help you.