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Family Law expertise in the US

We provide a specialist family law expertise to US nationals living in, or with links to, the UK.

We have strong relationships with family lawyers and other professional advisors in the US, as well as UK based advisors to US nationals. We can give comprehensive advice quickly about a choice of jurisdiction and have many years’ experience of forum disputes between England and the US, working closely with our private client team and international tax accountants in relation to potential US tax consequences of a divorce settlement. Recent cases have seen us working closely with contacts in New York, California, Illinois, Indiana, Texas, New Mexico and Florida and we have strong working relationships with attorneys right across the US.  

We can help you to resolve divorce or separation disputes, whether there are aspects relating to finances, children or both. We are experts in cross border children cases, in particular cases where one party wishes to return or move to the US with a child or children. We also regularly advise on the preparation of prenuptial or postnuptial agreements involving US nationals who live in, or are planning to move to England. 

We have a specialist team of lawyers, lead by partner Connie Atkinson who are expert in advising on surrogacy following US surrogacy arrangements. We work closely with our immigration team to give advice on the family law and immigration issues that arise.

Members of our team regularly travel to the US and partners Jane Keir and Will MacFarlane regularly speak at conferences hosted by International Association of Family Lawyers (IAFL), the American Association of Matrimonial Lawyers (AAML) and the Illinois State Bar Association. 

We support clients with the following:

  • Advice on where and when to start divorce and financial proceedings, taking advice from our connections in the relevant US state where there is a choice of jurisdiction
  • Preserving assets pending divorce distribution 
  • Enforcement of US court orders in England 
  • Claims following an overseas divorce including UK pension sharing following a US divorce
  • Prenuptial and postnuptial agreements for US clients
  • Advice in respect of where children live post-divorce and the organisation and protection of the time that they spend with their separated parents 

 

Franco-British Family Relationships: Top Tips à savoir

Family relationships involving international couples can be complex and the need for cross-border planning and an understanding of other jurisdictions is critical for family lawyers working in London. Claire Wood helps clients to understand some of the differences in approach across the channel. 

Parlez-vous pre-nup? A guide to English prenuptial agreements for Francophone couples

Francophone couples living in England or those who own assets here may be surprised at the differences between a standard English prenuptial agreement and the ‘contrats de mariage’ which are so common across continental Europe.

The rise of the cryptoassets in financial remedies

Connie Atkinson was published in the October 2022 edition of ThoughtLeaders4 HNW Divorce magazine discussing the rise of cryptoassets in financial remedies.

Disclosure in pre-nuptial agreements – full and frank, or fraudulent?

The Court of Appeal recently handed down judgment in Helliwell v Entwistle [2025] EWCA Civ 1055, examining the importance of disclosure when entering into a pre-nuptial agreement.

How “private” are Private FDRs?

On 30 July 2025, Mr Justice Peel handed down a judgment in the case of BC v BC [2025] EWHC 2016 (Fam), confirming the “sanctity of confidentiality” about Financial Dispute Resolution (‘FDR’) and private FDR (‘pFDR’) hearings.  

Pre-marital wealth on divorce: What does Standish mean for our clients?

On 2 July 2025 the Supreme Court handed down its long-awaited judgment in the case of Standish v Standish. Practitioners have been particularly interested to see if, and how, the Court would develop the judicially created principles of ‘needs’, ‘compensation’, and ‘sharing’ which apply to the division of finances on divorce. In particular, what would the Court say in relation to ‘the sharing principle’: should all assets be shared, or only those generated by the parties’ common endeavour during their marriage?

Capacity to enter into a prenuptial agreement

In this blog we consider whether a pre-nuptial agreement is a good option to help protect the estates of vulnerable individuals in the event that their marriage should come to an end.

Adjustments for neurodivergent individuals in the family justice system

Whether you consider yourself neurodiverse, you are the loved one of someone who is neurodiverse or you want to support a neurodivergent individual in family proceedings, this blog provides a summary of the best practice which should be used by family lawyers to help neurodivergent individuals navigate the family legal system.

Pride in the paths to parenthood

In honour of Pride Month, we are discussing (and celebrating) the diverse paths to parenthood within the LGBTQ+ community. For couples or individuals looking to start a family, there are a number of options available, each with important factors and implications to consider. This short blog touches on some of those considerations.

Cross border planning: the French PACS

We are seeing that most HNW advisors regularly signpost clients to the importance of entering into a prenuptial agreement prior to marriage. From our perspective, prenuptial agreements have been rising in popularity, in particular following the 2010 Supreme Court judgment in Radmacher v Granantino, and rightly so.  These agreements offer a useful planning tool and can, when drafted appropriately, remove the uncertainty and conflict of contentious divorce proceedings.  Alongside the pre-wedding planning, it is important to recognise the need for legal agreements prior to the start of other relationships, or before an international relocation. A prime example of this, which we are seeing more frequently in our practice, is in relation to the French PACS status.

Further High Court guidance for intended parents embarking on surrogacy arrangements

Kingsley Napley represented the applicant parents in the case of Mr and Mrs K v Mr and Mrs Z [2025] EWHC 927 (Fam). The High Court judgment offers importance guidance for those who are intending on entering into a surrogacy arrangement in the future. 

French marriage contracts in England – are we finally aligned across the channel?

The English Channel, La Manche, is only 350 miles long, separating England from France.  When looking at divorce principles however, we have historically been oceans apart from France, with significant differences in outcome depending whether the proceedings have taken place in France or in England.  French law is based on a civil code, with divorce law applying property regimes to the division of assets, which is often incompatible with the common law, discretionary system in England.  In the early years of my Anglo-French practice, French couples living in England were often taken aback to learn that the property regime they chose when they signed their French marriage contract might not be applied by English judges if they divorced in England.

When might you want to have a prenuptial agreement?

Following the launch of Nuptial, a new service which provides advice on entering into, amending, or contesting pre or post nuptial agreements, we look at the Law Commission’s Scoping Report and some of the different situations that couples are using nuptial agreements.

 

The emotional impact of prenuptial agreements

Pre-nuptial agreements can inevitably protect one party more than the other. Where does this leave love, romance, and the wedding? If not handled correctly, negotiating a pre-nup can have a huge impact on the relationship and wedding preparations.

Addiction and divorce: challenges for the client and the adviser

As family lawyers, we are used to meeting our clients at a time when they are at their most vulnerable. This is intensified when addiction is present within a family. Divorce or separation places an added burden upon everyone involved and those individuals are likely to have experienced or still be experiencing the destruction that addiction can cause, some of it obvious and some of it less so.

Being alive to the particular challenges which may present themselves in a divorce involving addiction is essential but this should be balanced with an understanding that the issues are likely to be different for each client and for each family.   

Cross Practice Insights Part 2: Disputes About Parentage in Family and Succession Cases

Emotions can run high in legal disputes, particularly in cases involving succession and inheritance, as well as in a family context. In this blog we explore what happens when allegations are made about parentage (more often than not, paternity) and what can be done about it.

Why prenups are taken more seriously

It is now 15 years since the UK Supreme Court gave its judgment in Radmacher v Granatino [2010] UKSC 42 on the use and effect of prenuptial (premarital) contracts.

Filing for a "Eurostar" divorce - Paris or London?

London has long been a popular city for French expats, and despite the reported drop post- Brexit, is still home to a reported 100,000 French nationals many of whom applied for settled status. There are 9 bilingual French schools in London and with the Eurotunnel celebrating 30 years of operation, London remains an attractive residence for French professionals.

Fifteen years on - The impact of Radmacher on UK prenups and divorces

It is now some fifteen years since the UK Supreme Court gave its landmark decision in the case of Radmacher v Granatino [2010] UKSC 42 on the use and effectiveness of prenuptial agreements.  

How to enforce a prenuptial agreement

It is some 15 years since the landmark decision of the Supreme Court in Radmacher v Granatino [2010] UKSC 42 changed the law on prenuptial agreements.

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