US Marital & Family Law : Divorce Law UK / US

Divorce laws in the United States are significantly different than those in the U.K.. If you need help through this life-changing matter, you need the help of lawyers who understand both U.S. and U.K. law. Every U.S. state has their own particular laws regarding marital and family law.

For instance, in most U.S. states, all property claims must be settled at the time of the divorce decree and this is not the position in the U.K.

Americans living in the U.K. sometimes ask about obtaining a divorce here. This is not a simple matter. U.S. courts generally recognise a U.K. court’s authority to adjudicate a divorce where at least one of the parties is domiciled here. It is important to compare the orders that may be made here to those which could be made in the U.S. While in some cases the spouse may fare better bringing proceedings in the U.K., the enforceability of the U.K. court orders in the relevant U.S. state must be examined. This is especially true with regard to custody matters, comparative child maintenance and/or spousal maintenance, and the division of U.S. assets and military pensions.

Understanding the differences in the laws will help informed decisions as to in which jurisdiction (U.S. or U.K.) proceedings should be brought. Bennetts can help you make these and other important decisions.