The legal rights of unmarried couples living together
Living together without getting married is a common choice for many couples. However, it’s essential to understand the legal differences
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If you live abroad, have assets overseas or an international family background, divorce can raise complex legal questions. Our specialist family lawyers help you understand how different legal systems could affect your situation. Working with our network of foreign lawyers, we will ensure that you have the information and advice you need to protect your position.
The country in which your divorce is started can have a major impact on how long the process takes, how much it costs, and the financial outcome. Because every jurisdiction has its own legal framework, it may sometimes be more advantageous for one or both partners for the divorce to be handled abroad. It is therefore crucial to start off on the right foot.
After reviewing your individual circumstances, we will advise you on the relevant considerations and English law, seek advice from our network of international lawyers where needed, and guide you on the best way forward.
While England and Wales might be the right place for your divorce, even if you have connections with another country, it is crucial to take advice before you get started. In many cases, specialist advice from an international divorce lawyer will be invaluable in protecting your position on divorce and to make sure that any settlement safeguards you in the future. We work in collaboration with lawyers from other countries to ensure clients have the advice and the guidance they need to take the right steps in their divorce.
We help clients ensure that jurisdictional issues do not create problems in the future, following their separation and divorce, including in relation to enforcement. If you or your partner are planning to relocate or already live abroad, we can advise you on cross-border considerations around child support and spousal support, international relocation and arrangements for children, helping you avoid disputes and protect long-term arrangements.
The family team at Tees is led by dedicated and committed partners whose professionalism percolates through the whole department.
Our specialist family lawyers can help with a range of issues including:
Tees is a full-service top-tier Legal 500 firm, which offers a joined-up service for all your legal requirements. We’ll support you in all areas of family law from divorce mediation to court appearances, and prenuptial and postnuptial agreements.
Our clients range from high-net-worth individuals with complex finances to those with more straightforward needs. We also specialise in the agricultural sector, having a sound understanding of the relationship between business and personal needs.
When an overseas divorce settlement fails to unlock UK pension benefits, what happens next? In this case study, Sally Powell, Executive Partner at Tees, navigates complex cross-border pension issues to secure an English pension sharing order — without forcing her client back into costly, repeated court proceedings. Discover how a strategic Part III application delivered a swift, paper-based solution and ensured the original agreement was finally honoured.
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Tees Law does not provide Legal Aid. You can find more information here about Legal Aid and eligibility requirements.
We have a team of in-house independent financial advisers who work closely with our lawyers to deliver all the advice you need. Our IFAs are regulated and authorised by the Financial Conduct Authority, which means we are accountable for all the advice we give.
If you want a lawyer to take a closer look at your situation, our family and divorce lawyers are based in:
But we can help you wherever you are in England and Wales.
Living together without getting married is a common choice for many couples. However, it’s essential to understand the legal differences
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In international divorce cases, more than one country may have jurisdiction. This usually depends on factors such as:
Where you and your spouse are habitually resident
Your nationality or domicile
Where you were married
For example, you may be eligible to divorce in both the United Kingdom and another country where you or your spouse lives.
Choosing the right jurisdiction is critical. Different countries apply very different rules to financial settlements, spousal maintenance and asset division. Taking early legal advice can significantly affect the outcome.
Financial outcomes vary widely between countries. Some jurisdictions prioritise fairness and needs-based awards, while others apply strict matrimonial property regimes or community property rules.
Key issues often include:
Division of overseas property
Treatment of business interests
Pensions and investments
Spousal maintenance
Tax consequences
If proceedings take place in England and Wales, the court has broad discretion to achieve a fair outcome, which can differ substantially from other jurisdictions.
All assets worldwide must be disclosed, including:
Foreign property
Offshore bank accounts
International investments
Shareholdings and business interests
The court with jurisdiction will determine how those assets are divided. However, enforcing a financial order abroad may require additional legal steps in the relevant country.
Cross-border asset tracing and enforcement often require coordinated advice from lawyers in multiple jurisdictions.
You can usually still start divorce proceedings if you meet the jurisdictional requirements. However, serving divorce papers overseas must comply with international service rules and local laws.
Where applicable, service may fall under international conventions administered by the Hague Conference on Private International Law.
International cases may take longer due to translation requirements, service procedures and jurisdiction disputes.
The court’s primary concern is the welfare of the child. Cross-border cases may involve:
International relocation disputes
Child arrangement orders
Schooling and residence issues
International child abduction claims
If one parent removes a child to another country without consent, urgent legal steps may be required under international conventions.
Early advice is essential to protect your parental rights and your child’s best interests.
Trust assets and inherited wealth are treated carefully. Whether they are included in a financial settlement depends on factors such as:
The structure of the trust
The level of control
The parties’ financial needs
We provide strategic advice where family wealth, succession planning or offshore structures are involved.
Whether an order is recognised or enforceable abroad depends on:
The country where enforcement is sought
Whether reciprocal enforcement agreements exist
Local court procedures
Some countries automatically recognise foreign divorce orders, while others require a formal recognition process before enforcement.
Taking advice at an early stage can help ensure that any financial settlement is practical, enforceable and effective internationally.
Prenuptial and postnuptial agreements are increasingly influential in high net worth divorce cases. While not automatically binding in England and Wales, the court will usually uphold them if they are:
Freely entered into
Fair
Supported by independent legal advice
Based on full financial disclosure
We regularly advise on both enforcing and challenging nuptial agreements.
