Where financial matters are dealt with abroad, the result will almost certainly be different to England. For those separating, it is most important to understand that financial outcomes on divorce differ radically across the world. Here are a few examples:
- Pre-nups may be treated as legally binding;
- Pre-marital and post-separation assets may not be taken into account;
- Inheritances and gifts received during the marriage may not be taken into account;
- A community of property system may operate meaning that assets which have accrued during the marriage up to separation will be divided equally;
- The court may have no discretion to produce a solution to fit the circumstances of an individual case based upon the sort of considerations which would apply in England;
- Spousal maintenance may not be available for more than a limited number of years after divorce;
- Some countries apply the applicable law which will mean the law with which the couple have the closest connection rather than the domestic law of the country concerned;
- Off-shore assets may be ignored;
- Powers of financial disclosure and investigation may be very limited.