Relocating abroad as an expat family often feels like a positive step. A new role, a secondment, or a lifestyle change can open fresh opportunities.
What many families do not realise is that moving abroad also changes their legal position. In family law terms, relocation is often the moment when future outcomes begin to diverge.
This article answers the key questions expat families should consider before they move.
Does moving abroad really change our legal position?
Yes. Relocation can change which country’s courts would deal with divorce, finances, and children if the relationship later breaks down.
Family law does not operate globally. Each country applies its own rules, procedures, and outcomes. Once a family relocates, those rules may replace English law altogether.
This change can occur without any deliberate decision by either spouse.
What is jurisdiction and why does it matter so much?
Jurisdiction determines which country’s courts have authority to deal with family proceedings.
Courts usually decide jurisdiction by reference to factors such as:
• habitual residence
• domicile
• nationality
• where family life is centred
When these factors change, access to the English courts can fall away. Jurisdiction often matters more than personal intention.
How quickly can jurisdiction change after relocation?
Jurisdiction can shift faster than most families expect.
Once a family settles abroad, establishes daily life, and integrates children into schools, habitual residence can arise. That shift can limit where proceedings may be issued later.
Delay often reduces options.
What about the trailing spouse and unequal relocation impact?
In many expat families, one spouse relocates for work while the other relocates to support the move. That second spouse is often described as the trailing spouse.
From a legal perspective, this role matters.
The trailing spouse may give up employment, career progression, pension accrual, and financial independence. They often assume greater responsibility for children, home life, and day-to-day integration in the new country.
These changes can affect future outcomes if the relationship later breaks down.
English courts take a fact-based approach when assessing financial arrangements. Where one spouse has reduced or paused their earning capacity to support an international move, the court may treat that as a relevant contribution to the family’s overall circumstances.
However, that analysis only applies if England and Wales has jurisdiction at the time proceedings are issued.
Once a family relocates abroad, jurisdiction may shift before the trailing spouse has rebuilt financial independence or professional footing. That can materially affect how needs, maintenance, and long-term security are assessed.
This makes early planning particularly important where relocation impacts one spouse more than the other.
What happens if separation occurs after we move abroad?
Separation abroad is common in international families. It often arises during overseas postings or periods of transition.
Where children are involved, one parent may find they cannot return to the UK with the children without consent or a court order. That position can arise even where neither parent intended to relocate permanently.
Families then face unfamiliar legal systems at a time of emotional and practical pressure.
Can we still divorce in England and Wales if we live abroad?
Sometimes. Not always.
England and Wales can be an attractive forum. The courts exercise wide discretion, require full financial disclosure, and handle complex international assets effectively.
However, jurisdiction is not automatic. The court will only accept a case if the legal criteria apply at the time proceedings are issued.
Once relocation has taken place, those criteria can disappear.
Why does timing matter so much in international cases?
Timing often decides the outcome.
In many international cases, the first court seized takes control of the process. Once one country accepts jurisdiction, it can prevent proceedings elsewhere.
Early advice allows families to understand their position before options narrow.
Do we need a pre-nuptial or post-nuptial agreement?
Not always, but many expat families benefit from one.
In an international context, nuptial agreements can:
• clarify expectations across borders
• reduce uncertainty if circumstances change
• improve the prospect of recognition
• limit future dispute
In England and Wales, nuptial agreements are not automatically binding. Courts give them significant weight when they meet fairness and disclosure standards.
International drafting requires care and precision.
When do expat families usually seek legal advice?
Most families seek advice at practical transition points, such as:
• before an international secondment
• where one spouse gives up work to relocate
• in second marriages or blended families
• where assets or income sit across jurisdictions
Early advice often prevents later conflict.
Why does international experience matter in family law?
International family law involves more than applying domestic rules overseas.
It requires jurisdiction strategy, understanding of child relocation law, and awareness of enforcement across borders. Poor coordination creates risk.
Handled properly, early advice protects flexibility and choice.
When is the right time to get advice?
Before you move.
Once relocation takes place, legal options can narrow quickly. Early planning is not pessimistic. It is practical.
If you are considering moving abroad as an expat family, this is the moment to understand how the law would treat your position if circumstances change.
Paradigm Family Law advises internationally mobile families and expats on jurisdiction strategy, international nuptial agreements, and cross-border family law issues in England and Wales.
Early clarity protects choice before geography limits it.
Need help?
Paradigm Family Law has a team of experienced and highly recommended family lawyers who advise expats and internationally mobile families on the legal issues that arise when life crosses borders. We help clients understand jurisdiction, timing, and risk clearly, so they can make informed decisions before it’s too late.
If you would like to discuss an international relocation, expat separation, or cross-border family law issue, please do not hesitate to contact Frank or Evelyn. Paradigm Family Law offers a free initial consultation, and our fixed-fee solutions provide clarity and cost control from the outset.
You can call us on 01904 217225 or email us at info@paradigmfamilylaw.co.uk.
Recommended reading
International Relocation & Children – essential questions
International Family Law Services
Pre-nuptial and post-nuptial agreements for expat families
International Child Maintenance – Germany
