When international family and relationship breakdowns occur, it can rapidly create a complex situation, especially when it involves children and assets across different countries and legal systems. O'Sullivan Davies have the knowledge, experience and international contacts to advise and represent you if this happens.
You may be an expat living overseas looking to resolve issues under Australian Family Law, or you could be residing in Australia and looking to resolve issues where your partner and or your children are abroad. In matters relating to children, we have considerable experience helping resolve issues, including Applications using The Hague Convention.
We have represented clients in and from countries including Brazil, Canada, China, Ecuador, Germany, Hong Kong, Ireland, Japan, Malaysia, The Netherlands, Nigeria, Papua New Guinea, Saudi Arabia, Singapore, South Africa, the United Kingdom, and the United States of America.
Internationally, we have assisted clients with divorce, custody of children, property disputes, asset settlements, spousal maintenance, and more.
Securing a divorce
It is important to realise from the outset that 'separation' can be ambiguous when one spouse lives abroad. If you think your relationship is heading to a critical point, we recommend seeking advice on your position and the possible consequences of actions from either you or your partner.
As well as a legal framework, internationally, a divorce or annulment may involve cultural and religious aspects. Seeking a divorce may raise complexities beyond legalities, such as a religiously sanctioned divorce, and there may be difficult financial consequences.
Custody of children
We have solid experience in this emotionally charged area, and our international alliances have helped us bring children home in many high-profile cases. Claiming custody of children internationally can be complex. We are fortunate to have The Hague Convention as a well-recognised convention, but its interpretation can be very different, depending on the country you seek to engage with.
Property settlements
A seemingly simple thing like valuing property can become complicated when dealing with international jurisdictions. It can become more complex if assets are being managed in structures like trusts or companies. Fortunately, we have solid success dealing with matters like this internationally. As well as our legal alliances, our network includes experienced investigators who provide us with verifiable facts, creating solid ground for claims and the ability to move them forward.
International income
If your spouse is not an Australian taxpayer, you may not be liable to receive child support. This is a critical point often overlooked by less experienced law firms, and it is vital this issue is considered when approaching any form of settlement or financial agreement. Additionally, accounting for offshore or redirected income is an area of our specialist expertise.
Grandparents' rights
Grandparents are a critical component of the broader family structure. Thanks to reforms to the Family Law Act 1975, the Family Court allows grandparents to seek rights to see a child. We have helped secure not only visitation rights for grandparents, but full custody rights in circumstances where that is the best option for the welfare of the child.
