International Divorce & Family Law: Gibraltar
Gibraltar’s family law closely matches that of England. Furthermore, the grounds of jurisdiction are very similar, and although Gibraltar is not an EU country, nevertheless it adopts certain EU Regulations to achieve consistency in the exercise of jurisdiction.
Gibraltar is more advanced than England in that it provides that qualifying financial agreements can be binding. There are a number of formal provisions that have to be followed for the agreement to be effective.
The Supreme Court has wide discretionary powers to allocate property in divorce proceedings, and also extensive maintenance powers. In this respect the law fairly closely approximates to English law.
By reason of Gibraltar’s importance as a financial centre, the recognition of foreign financial judgments is important. Gibraltar has adopted the Brussels I and Luguno Conventions, together with the reciprocal enforcement of maintenance orders.
Gibraltar has adopted the Hague Convention on the International Aspects of Child Abduction with its own International Child Abduction Act 2010. There is however provision for a parent to apply to remove their child from the jurisdiction against the wishes of the other parent.
We are specialist international divorce lawyers and family solicitors and we advise clients who are either UK-based but originate from Gibraltar, or are living outside of the UK but have a connection with England or Wales.
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