International Divorce & Family Law: Canada & USA

We regularly work on divorce and family law cases involving the USA and Canada. Our advice covers the international divorce process, transatlantic financial issues and children issues where there is an American or Canadian element to a divorce.

We are specialist international divorce lawyers and family solicitors. Over the years we have worked on countless international divorces, including those where consideration of US or Canadian family law has been necessary. This could be because one or both spouses are UK–based but originate from Canada or the USA, or because either husband or wife is living in the US or Canada but have a legal connection to the UK.

If the US courts have authority or jurisdiction to decide issues about your children and finances when you divorce, the eventual outcome will largely be dictated by the particular State in which your divorce case is heard. That’s because individual States – not the federal government –  have the power to issue decrees of divorce.

Because the rules about child arrangements, alimony and financial settlements differ considerably from state to state it’s crucial to get advice from a specialist international solicitor. When it comes to divorce laws in the USA, the team at Brookman is 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 where the courts aim to achieve an ‘equitable distribution’ of property. Many Southern and Western States on the other hand tend to follow the Community of Property rules derived from continental law where courts start off with the presumption that community property should be divided equally between the spouses. We have dealt with cases decided under the community property regime in States like California, Arizona, Idaho, Louisiana, Nevada, Wisconsin Texas, Washinton State, New Mexico as well as States where property is divided equitably, including New York, Massachusetts, Georgia, New Jersey and Florida.

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.

In Canada it’s the federal government that decides matters relating to divorce so, unlike in the USA, the rules about divorce are the same right across the country. Child issues and finance, including spousal support are dealt with by way of so-called corollary relief proceedings. The courts won’t finalise a divorce while corollary relief proceedings are ongoing.

At Brookman we have dealt with matters involving the courts in Ontario, British Columbia, Nova Scotia, and Alberta amongst others.

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Canada & USA

The scenarios below do not relate to any individual clients of ours but the facts and the outcomes relate to some similar experiences in our practice.

Canadian Spouse

The Scenario

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.

Financial Settlement

The Scenario

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.

If you have questions, contact us now, we can help you.

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I was very impressed with the initial free Teams consultation I had with Josh. He was entirely focused on my particular circumstances and gave me information in a friendly and professional manner. Our conversation was concisely followed up in writing.

Jun 2025   Susan Junod

I recently had the pleasure of speaking with Josh for a free consultation, and I couldn't be more impressed with the service I received. From the start, it was evident that Josh genuinely cared about my situation. The consultation was thorough and far exceeded my expectations in terms of length and depth.

May 2025   Yan

Jo was very friendly, empathetic and understanding. We managed to cover a lot of ground in 30mins, ensuring that I understood all of my options, the different approaches and indicative costs. Really appreciated the time and valuable insights, thank you.

Apr 2025   Sarah P

Can't rate highly enough - both professional yet personal. Superb attention to detail with understanding of the bigger picture. Excellent response and follow up.

Feb 2025   Emma Baker

In my initial call, Josh McPherson helped me understand the legal framework for separation and divorce in a really friendly, helpful way. I feel much more confident that I'm entering this process with the information I need.

Dec 2024   Polly Shields

Natasha from the law firm was amazing! She took the time to thoroughly explain everything to me in simple, easy-to-understand terms. I felt confident and informed throughout the process thanks to her patience and clear communication. Highly recommend her for anyone needing legal advice!

Oct 2024   Kc Cico

I had a consultation with Natasha and I’m extremely pleased with her advice and suggestions. She truly understands the complexities involved in international divorce, listened carefully to my concerns, and clearly explained the entire process. Natasha also provided valuable advice on my next steps and how to prioritize my actions.

Aug 2024   Dave

During my consultation Henry Bookman explained things so calmly and clearly, setting my anxiety about my divorce at ease. His advice was very very helpful. I feel a weight has been lifted.

Aug 2024   Janine Evans

Henry listened carefully to my circumstances, offered practical solutions, and explained the steps I need to take in a way that was easy to understand. His approach was genuinely helpful and empathetic, making a challenging time much easier to navigate.

Jul 2024   Tracy Henin

They were quick to respond and organise a consultation regarding my divorce proceedings. Henry was very knowledable and personable and the advice given really gave me the clarity I needed in an uncertain situation.

Jul 2024   Rebecca Lowe

My initial free consultation with Natasha Slabas was just over an hour and very informative. Natasha helped me understand the situation and the next steps involved. I would definitely proceed with Josh McPherson Solicitors in the future if required. They were very quick to book the initial consultation and very professional.

Jul 2024   Rajan Marwaha

Had an initial free talk with them. I was impressed with their honesty and understanding of the situation.

Jun 2024   Dianne Wilkins

About The Team

We are a specialist divorce and international divorce family law team, advising clients in the United Kingdom (specifically England and Wales) and throughout the world. We have a very people–orientated approach to working with clients. Henry Joshhas practised law for over 45 years, and our team has a wide range of skills and expertise. We are recommended by the Legal 500 and have been awarded the Law Society’s quality mark, Lexcel.

Partner

Josh McPherson

Recommended by The Legal 500, Josh is an expert in all areas of family law, including domestic and international financial disputes, fraud and commercial dispute resolution.

Partner

Henry Brookman

With over 45 years' experience, Henry Joshis the senior member of the team. He is described by The Legal 500 as ‘shrewd, savvy, sagacious and highly experienced’.

Partner

Natasha Slabas

Expert in all areas of family law, often involving cases that have an international element, including work in relation to financial settlements following divorce.

Partner

Mark Rennie

Mark is the Group Head of the Horsham Family Law team. He specialises in all areas of matrimonial law, including complex divorce and financial disputes, and is recommended by The Legal 500.

Partner

Nigel Winter

A highly experienced solicitor, Nigel has expertise in collaborative law, divorce, contested litigation, relationship agreements, and children matters. Nigel is recommended by The Legal 500.

Partner

Samantha Jago

Partner at our Guildford office and recommended by The Legal 500, Samantha has specialist expertise in divorce, children matters, complex international cases, and is a trained mediator.

Partner

Alicia Cenizo

Alicia is a Partner in the family team and advises on all elements of family law, particularly private children work, including matters with an international element such as relocation.

Partner

Joanna Potbury

Family law specialist based in Brighton advising on divorce, cohabitation agreements, children, post-nuptial agreements, and domestic violence. Joanna is recommended by The Legal 500.

Partner

Kevin Danagher

Kevin specialises exclusively in family law, advising on all aspects of relationship breakdown, divorce, same sex marriage, marital agreements, and international family cases.

Partner

Gemma Garrett

Based in Horsham, Gemma is a specialist advising on all areas of family law including divorce and separation (often involving jurisdiction issues), complex financial matters, and children matters.

Partner

Rachel Osgood

Rachel specialises in financial claims on divorce and separation with a particular emphasis on high value cases and those involving inheritances, family businesses and claims by adult children.

Partner

Ella Welsby

Known for her sensitivity and discretion combined with significant expertise, Ella advises on all family issues including high-value and multi-jurisdiction divorce and complex financial and children matters.

Senior Associate

Lauren Blythe

Lauren is a highly regarded specialist family law solicitor, based at our Guildford office. She advises on divorce, family finances, children matters, domestic abuse, cohabitee issues, and relationship agreements.

Senior Associate

Amber Matheson

Based at the Guildford office, Amber has experience dealing with family matters including divorce, finances, separation after cohabitation, arrangements for children and leave to remove cases.

Senior Solicitor

Susan Hayes

Susan qualified as a solicitor in 1992 and is based at our Brighton office. She is a longstanding member of the Law Society Specialist Children Panel and Family Law Panel. Susan is also a trained Collaborative Lawyer.

Associate

Rachael Au

Rachael is a highly capable member of the family team in Brighton. She specialises in family law, advising on divorce, civil partnerships, financial matters, and children issues.

Associate

Alice Barrett

Alice advises and supports clients on a range of family law matters including divorce, separation, financial remedy, private children matters and emergency applications.

Associate

Amelia Groom

Amelia has experience across a full range of family matters, including divorce, complex disputes regarding finances that range from trusts through to cryptocurrencies, and arrangements for children.

Associate

Natalie Higham

Natalie is a Family Legal Executive who advises individuals on divorce, separation, financial remedies available to them on the breakdown of their relationship, and children matters.

Associate

Katie O'Kelly

Katie advises on a wide range of family law matters including co-habitation, divorce and separation, financial remedies, and private children law matters.

Paralegal

Michelle Davies

Part of the Family Law team, Michelle supports on a variety of cases involving divorce, finances, children matters and day to day enquiries.

Paralegal

Zahra Bandar

As a paralegal in the Family team, Zahra assists with a wide variety of matters, including divorce, matrimonial mediation, pre-nuptial agreements and Children Act matters.

Paralegal

Isabelle Basson

Isabelle is responsible for following up day-to-day enquiries, administrative case management and generally supporting the Family team fee-earners.

Paralegal

Amelia Mahraj

Amelia is responsible, in her current role, for dealing with day-to day enquiries, administrative duties and supporting fee earners.

Paralegal

Aimee Atalay

Aimee provides dedicated support to the Family and Contentious Probate teams across a diverse range of matters. Aimee studied Law and Criminology at the University of Kent.

Secretary

Victoria Delatouche

Victoria is a highly experienced Legal Secretary and a long-standing member of the team. She provides secretarial support for the office.

Secretary

Michelle Louison

Michelle provides secretarial support to Henry Brookman. A very experienced family law secretary, Michelle has worked in law for over 12 years.

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If you have questions, contact us now, we can help you.

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Or call us on +44 (0)74 5234 7338