Foreign Property

If this applies to you, you may not even be aware of all your spouse's assets, but it may be possible to carry out a search in the country where you currently reside. Your solicitor will discuss this with you in more detail.

Alternatively, many couples in England and Wales own foreign holiday home. Courts in England cannot make orders that are enforceable against foreign property, so it is important to consider what should happen if your spouse does not comply with an order.

If the property is to be sold, it will be necessary to obtain the advice of a local lawyer regarding the practical steps that will need to be taken. There may also be tax repercussions both in England and abroad and you will also need to take advice regarding this. In particular it is likely that you will have to pay Capital Gains Tax if the property is your second home.

If you are concerned that your spouse may sell the property abroad without notifying you, then it is possible to obtain an injunction or a Freezing Order to prevent this happening. This injunction would be against the person and not the property so this order would be enforceable. The Court may wish to hear evidence regarding how the injunction will be enforced, as it will not make an order that would be ineffective, although this should not be an issue regarding countries within the EU. These orders may have expensive repercussions if you are required to pay a foreign banks cost in seeking advice regarding the Order. Your solicitor will discuss these issues with you should they apply.