International divorce lawyers

A divorce financial settlement is the process of dividing your assets and liabilities. It is designed to resolve any financial issues and fairly separate your assets to ensure that both parties have financial security and certainty going forwards. The same process applies to an international divorce where it is equally important that matters are resolved or there is a risk that claims can be brought in the future.

It is legally possible to come to such an agreement with your partner without the assistance of divorce law solicitors. However, this is particularly unwise in the event of international and high net worth divorces, which are particularly complex.

Transfers of assets between spouses or civil partners do not usually give rise to a Capital Gains Tax (CGT) charge. However, this rule only applies to spouses or civil partners that are living together at some point during the tax year.

In relation to the family home, if that property has been the couple’s main residence throughout ownership, any gains arising from its sale are exempt from CGT. However, where one spouse moves out of the matrimonial home and buys or rents a new property then relief will usually only be available on their share of the gain for 9 months from when they moved out. This can be extended in some circumstances.

Transfers between spouses are exempt from Inheritance Tax (IHT), and this continues throughout the period of separation up until the final order.

Where one spouse is not resident in the UK, the maximum that can be transferred free of inheritance tax is £325,000.

In relation to pensions, if you’re an international couple, the situation can become more complicated as for example, the US authorities treat post-tax split of pensions differently to the UK.

In the UK, courts deal with pension arrangements via pension sharing, pension offsetting or a pension attachment order.

At Stowe, we will assess your personal circumstances and tailor our international divorce advice to meet your exact requirements and jurisdiction.

At Stowe, our divorce solicitors have decades of experience between them working on international divorce cases and we know that each case is unique. With close to 100 offices across the UK, Stowe have a dedicated team of international divorce lawyers local to you.

Call us at 0330 404 2031 or request a free call back on a date and at a time of your choice.