All that glisters…expats…what you need to know about family law before you pack your bags

Your career may flourish, but what if your relationship flounders whilst you're away from 'home'…?

The schools are arranged, the accommodation is sorted, you've handed in your P45 and your other half has flown out ahead of the family to start their job in your new expat country. Your head is spinning with all of the tasks to do here and in that new country, to make it a smooth transition for the whole family. 

But what about your legal position, if the move is not a success, or if, worst-case scenario, there is a breakdown in your relationship? As well as getting visas and perhaps learning a new language, understanding your legal position should be a big ticket item on your 'to do list'.

There are many reasons why some families might choose to move abroad during a marriage: the job opportunity of a lifetime, a chance to earn tax-free, to live and experience travel opportunities in another continent, or return to a home country. 

But if one parent is unhappy and wants to come back, they almost certainly won't be able to bring the children with them without the other parent's consent.  And in countries without equal rights for men and women (particularly in the Middle East), a mother could find herself with fewer parental rights than the children's father.

The ex-pat path to Middle Eastern countries is particularly strong with no personal income tax, no inheritance tax, no VAT and no property tax.  But what about the legal, employment and immigration consequences of relocating to another jurisdiction, and especially to those countries which haven't signed up to international treaties designed to protect families and children on divorce and separation?  

This is not about doom-mongering. It is about the importance of knowing the situation on the ground before you land when it comes to women's (and mothers') rights, visa requirements, and the local law in relation to divorce, finances, and most important of all, child arrangements.

What to consider now? 

It is important to know some of legal basics in the country you're moving to (and the one you are leaving) and that includes:

• Knowing a bit about the jurisdiction requirements for divorce and finances: Better to have some basic information about this (even if the chances of it being needed are hopefully slim) than to discover that you have few rights or that you cannot issue proceedings for divorce in the country of your choice (which has a knock-on effect on any financial claims you can make).  Check out our FAQ pages on divorce, finance and children for more information about the law in England and Wales and then try to find out about the legal position is in the country you are moving to. It pays to know what your rights are in terms of any future financial claims on divorce / laws relating to the division of assets, here and what they might (or may not) be in your new country. 
•  Understanding your legal rights and restrictions as parents: In England and Wales, each of you is likely to have parental responsibility and will need the permission of the court to take any child abroad without the other's consent. For more detail see our FAQ page.  However, some (especially Middle Eastern) countries operate under a different set of rules, perhaps based on patriarchal customs. If you are heading to a country which has not signed up to certain international treaties like the 1980 Hague Convention on Child Abduction or the 1996 Hague Convention on Jurisdiction and Co-operation in Respect of Parental Responsibility you could find yourself in a difficult position if you decide to separate  - you do not want to belatedly find out for example, that you cannot even apply to court for permission to  leave the country with your children if needs be.
• Knowing what your immigration and employment status will be: Most moves are for one person's job, and the other follows. That partner or spouse may have limited job opportunities and limited visa rights (which are frequently derived from marriage and are inextricably linked with their spouse/partner and their employment).  So it's a good idea to have those all-important discussions about this with your spouse/partner and know what your visa and employment opportunities will be before you leave. Find out more by taking a look at our immigration and employment pages. 
• Find out about your personal rights in your new country:  For more detail, this Government pdf contains guidance about working abroad, health, law, tax and other issues, and importantly has a 'help and services around the world' section which provides information country by country. It is a helpful resource and full of information about aspects of life which you may not have even thought about. This is all the more important following some of the recent tax changes announced by the Chancellor in the October Budget relating to non-doms.
• For same sex couples especially, it is important know about local attitudes towards LGBT+ people. In many countries LGBT+ people face legal restrictions - not only restrictions on marriage, but in around 70 countries, consensual same-sex sexual activity is criminalised. So unfortunately, it is advisable to find out about the local laws and attitudes towards same sex relationships and gender expression and identity where you are going. You might want to check out this link.

You might be fine with your future expat arrangements now, but people and situations change. Couples enter into pre-nuptial agreements not expecting to get divorced, but to understand the implications if they do.  Similarly, a move abroad can have profound implications on a family and especially a separating one individuals. It is so important to consider what your position will be once you have resettled overseas should the unexpected happen and your relationship fails. So, have those tricky conversations and discuss with your partner/spouse what the limitations will be; make enquiries about your visa and work opportunities. Maybe make some contingency plans about what life might look like if things don’t go to plan. Have conversations about how you will be able to work and function and remain in that country as a single person, should you wish to, or discuss a fall-back plan about returning to the UK in the unfortunate event that the relationship fails. 

And if it helps, you might want to consider a postnuptial agreement which can be used to set intentions about the finances in the event that the relationship does not last the course. You can then pack it in your luggage along with all of your other important legal documents and general family paraphernalia and put it in a draw once you reach your final destination. Once there, you can (hopefully) forget about it, while you get on with enjoying the adventure that awaits.