Canada & USA

International Divorce & Family Law: Canada & USA

We regularly work between the USA and Canada regarding divorce, transatlantic financial issues and children issues.

With regard to the USA, we are well aware of the specific aspects of family law and how they differ from state to state. Many of the States in the North East in particular follow the common law model similar to England, whereas many Southern and Western States tend to follow the Community of Property rules derived from continental law. We have dealt with matters involving residents of New York, Massachusetts, Georgia, California, Texas, New Jersey, Arizona, New Mexico, Florida and Washington State, among others.

For more information about tax issues, alimony and pensions for US born citizens in the UK, read our page: US tax issues in financial proceedings.

Canada has a uniform law but we have dealt with matters involving the courts in Ontario, British Columbia, Nova Scotia, Alberta and others.

We are specialist international divorce lawyers and family solicitors and we have advised numerous clients who are either UK–based but originate from Canada or the USA, or are living outside of the UK but have a connection with England or Wales.

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Canada & USA

Canada and USA - Scenario Analysis Example #1

We were contacted by Mr J, a British Citizen who lived here for some years. Previously he had lived in Canada for several years and married a Canadian citizen who was a dual national. Mr J was engaged and wanted to re-marry but had lost all contact with his current wife.

Our solution:
We made a number of enquiries in Canada as to the whereabouts of Mrs J using our Canadian agents. Unfortunately she was not traceable and appeared to have left Canada. We then had to show to the Court the extent of our enquiries and provide evidence to the Court that we had made reasonable efforts to find Mrs J. We were able to do this and the Court allowed us to dispense with the requirement to serve papers on Mrs J on the strength of the evidence we provided to the Court. The divorce was then able to proceed allowing Mr J to divorce and re-marry.

Canada and USA - Scenario Analysis Example #2

Mr and Mrs A were both US citizens but had been in London for 5 years. They were separating and had agreed the financial terms. Mrs A was to return to Florida and Mr A to New York. Mrs A was anxious to ensure that the financial terms were enforceable in the US.

Our solution:
We compared the differing jurisdictional grounds between England, New York and Florida. State laws govern marriage and divorce in the US so separate enquiries had to be made. We then drafted the agreement in terms which would be accepted in the US.

What our clients are saying:

‘RT’, USA

I would like to take this opportunity to express a sincere thank you to Mr Brookman and his team for their most professional advice and first class service.


Google Reviews

Brookman Solicitors

42 Reviews

Chris Mullins 10/12/2018

Henry Brookman and team have been fantastic from initial point of contact. They were able to schedule me a 'free telephone consult' at short notice in order to fit with my travel plans. I have now received sound written legal advice from both UK and Overseas perspective which has given me great reassurance and peace of mind. I am now understanding of the legal journey I am to face and have confidence that his team will be able to support me!

Syeda Rizvi 09/11/2018

I can’t recommend Brookman solicitors enough. I met with Mr Aziz Malik from Brookman solicitors for a case that had an international dimension to it, and found him extremely competent, professional, reassuring and empathetic. Knowing that my case was time sensitive, Mr Aziz was quick to initiate the legal process, kept me updated on the case progress, responded very promptly to all my correspondence, gave very sincere legal advice and addressed all my concerns in a very patient and responsible fashion. He was very involved in the case, and I knew from the get go that my case was in safe hands. Throughout the process, the law firm also kept me posted on the costs of the services I was getting, hence making the process very convenient and transparent for me. The barrister they appointed to represent me at the hearing(s) was equally competent, knowledgeable and articulate. Thanks to Brookman solicitors, the outcome of my case was exactly what I had wished for, and I am beyond delighted. I am extremely grateful to them for their services. Please keep up the good work!

Nir Ozer 07/11/2018

Henry Brookman was very honest and helpful with the professional quick legal service. It's wonderful to know you get a proper advice when needed. I definitely recommend this law firm.

Chris Saunders 26/10/2018

I engaged Brookman Solicitor's on a particularly complex topic related to international divorce. Henry and his team provided excellent support and his expertise was a critical factor in a successful outcome. I would not hesitate in working with this firm again, or recommending them to others.

Petra LP 25/10/2018

Replied to my query very quickly and was very helpful and understanding.