Foreign Divorce: Risks and Rewards for Americans Abroad

Journal article written by 2002 Abe Fellow Marjory Fields based on her project "Combating Domestic Violence in Japan and the U.S.A.: A Comparative Analysis." Co-authored with David Truex. 

International factors complicate divorce. With the UK jurisdictions now governed by European federal legislation it is even more difficult to answer the questions our clients ask. An American businessman who travels with his family to London on a short-term secondment will find himself on a sticky wicket if the marriage breaks down, particularly if it is his fault. Family lawyers with international clients need to be especially careful when giving advice, lest ignorance, delay or over-confidence lead to disaster. I know of at least one professional indemnity insurer in London which has decided to decline cover for English solicitors who accept instructions from clients in the USA or Canada. Fear of the US litigation culture, coupled with the increased risk of exposure that international issues bring, means that we must all be very careful.

Title
Foreign Divorce: Risks and Rewards for Americans Abroad
Author
Fields, Marjory D
Published
International Family Law, March 2006
On the web
Citation
Fields, Marjory D, "Foreign Divorce: Risks and Rewards for Americans Abroad," in 8, ed. (International Family Law, March 2006), http://internationalfamilylaw.com/pub/iflj0306.html.