More individuals and families are choosing to relocate abroad — for work, lifestyle, or family reasons. However, the legal implications of such a move are wide-ranging for couples and their family members. If you are considering a move abroad, it is crucial to plan ahead. Below, we outline key legal issues to consider before departure and steps to take upon arrival.
1. Immigration status
Obvious, but easily overlooked.
Before you leave
Check your immigration status and that of all family members travelling with you. If you are dependent on a work visa, check what would happen if you were to leave that employment.
Here is a summary from our immigration expert Younes Ech-Chadli:
- Post-Brexit, British nationals no longer have freedom of movement rights to live and work in EU nations. Most EU nations allow a period of up to 90 days to visit; beyond this, a visa will need to be obtained.
- If you will be working remotely, nomad visa options have proliferated post-pandemic within both European and non-European nationals. These visas allow remote workers to lawfully reside in a country beyond the time limits of a visitor.
- In many jurisdictions, access to healthcare is tied to your immigration status. If you are not residing in the UK, you may not be able to access the NHS, even as a British national. Therefore, it is important you consider immigration rules prior to relocating.
- If working overseas, in some jurisdictions, your work is directly tied to your immigration status. If you lose your job, your visa may be immediately cancelled and you may be required to leave that jurisdiction shortly thereafter under threat of immigration detention. Understanding the cultural nuances around work visas in your target nation will provide you and your family with security in such events.
- If you are in a relationship and intending to relocate and sponsor your partner, consider how that jurisdiction recognises your relationship. Some jurisdictions do not allow unmarried couples to live together, whilst others do not recognise LGBTQ+ relationships.
- Some jurisdictions will not allow those relocating to obtain settlement, no matter how long you reside there. This means that visas tied to employment or businesses will be cancelled if that employment ends.
- If you have a child born overseas, consider the effect on their nationality. If you are British and generally were born in mainland UK and/or registered or naturalised as a British citizen, then you will pass your British citizenship over to your child. However, children born overseas are British by descent, meaning their citizenship derives from their parent or parents. If that child then has a child born overseas, that child will not automatically be British.
- In addition, children born overseas may not have a claim to the nationality of the jurisdiction they are born. It is important to obtain advice on any claims to nationality at the earliest opportunity as there may be advantages to choosing the jurisdiction you give birth in.
- If you are not British and have settlement in the UK (holder of indefinite leave to remain), your settlement may lapse if you are outside the UK for a period of time without returning. Generally, that period is two years for those granted settlement under the immigration rules and five years for those granted under the EU Settlement Scheme.
2. Review the legal jurisdiction to consider the potential impact on any future disputes
Before you leave
This might sound complicated, or even alarmist - but it can be important to consider what might happen if things go wrong.
Jurisdiction plays a critical role in family and financial matters. The country where you are habitually resident or domiciled can determine which court has authority over disputes if they arise. Plus, the approach of courts to particular matters can vary greatly from country to country.
- Forum: if you are separated or divorced and have children, you will need to consider whether moving abroad could affect the existing child arrangements or the forum for future disputes.
- If you plan to relocate with children as a separated parent, see below.
- Once you move and acquire residence abroad, the ability to issue family proceedings, including divorce, children and financial proceedings in England and Wales or Scotland may be limited or lost entirely. You may need to initiate any proceedings before you leave to preserve the UK court’s jurisdiction. You need to consider what might happen if you were to separate in the new jurisdiction – what does that look like, might you need to consider your strategy and relocate back to the UK before taking steps to end a relationship?
These are important considerations as England and Wales or Scotland may be a more favourable jurisdiction for you. We can explore with you the difference between the courts here and the court in your chosen destination.
After you arrive
If a dispute arises, it can be vital to take urgent advice both in the new jurisdiction and in the UK prior to making any decisions.
3. Child arrangements
Before you leave
If the other parent has parental responsibility, you must have their consent to move abroad with the child or obtain an order of the court. Failure to do so could be considered child abduction
- Consent orders: ensure that the other parent consents in writing to the move, ideally formalised in a court-approved order.
- Specific issue order: if the other parent does not consent then you will need to apply to court for a specific issue order seeking permission to relocate.
- Mirror orders: consider obtaining a “mirror order” in your destination country to reflect existing UK arrangements and assist with enforcement overseas.
For a more detailed analysis see: Family Court applications to relocate with your children | Weightmans
After you Arrive
- Local registration: some countries require you to register UK orders locally for them to be enforceable.
- Review future dispute forum: the forum for any future disputes may change to your new country of residence after a period, especially where the child becomes ‘habitually resident’ there.
4. Tax planning and domicile
Before you leave
- UK tax exposure: understand your UK tax status (resident, non-resident, and domicile). You may still be liable for UK tax on worldwide income, depending on your connections to the UK.
- Exit planning: consider the implications of the Statutory Residence Test and whether you need to restructure assets or trusts before departure.
- Domicile Review: Even if you become non-resident, your UK domicile may persist — especially relevant for Inheritance Tax (IHT) purposes.
For more information see International private wealth lawyers | Weightmans
and Autumn Budget 2024: highlights and guidance | Weightmans
After you arrive
- Local tax advice: engage local tax advisors early to ensure compliance with reporting obligations and to take advantage of favourable tax regimes if applicable.
- Double tax treaties: review any UK treaties that may affect your liabilities and filing obligations.
- Be aware of the new Foreign Income and Gains (FIG) regime that removed the non-domicile regime in April 2025 and replaced it with a FIG regime which offers UK tax relief on foreign income and gains who have been previously non-UK resident for more than 10 tax years.
5. Wealth structuring and estate planning
Before you leave
- Wills and succession: your UK will may not be valid or effective in your new country of residence. The law of succession can differ significantly, especially in civil law jurisdictions with forced heirship rules.
- New or updated wills: consider making a local will and/or a new UK will that clearly delineates which jurisdiction each applies to.
- Trusts and foundations: UK trust structures may not be recognised or may have adverse consequences abroad. Pre-departure restructuring may be required.
Make sure you’ve worked out what you need to do before you depart. See Private wealth management lawyers | Weightmans
After you arrive
- Foreign wills and probate: register your will if required locally, and ensure it is consistent with UK planning to avoid duplication or conflict.
- Wealth disclosure: be mindful of global transparency standards (e.g., CRS) and reporting obligations for trusts and corporations.
6. Nuptial agreements
Before you leave
- Review existing agreements: If you already have a pre-nuptial or post-nuptial agreement, its enforceability abroad should be reviewed
- Prepare new agreements: if you’re moving to a jurisdiction with different marital property regimes (e.g., community property), you may wish to create a post-nuptial agreement to opt out of a regime.
It can be vital to take advice before you leave. See A guide to prenuptial and postnuptial agreements | Weightmans
After you arrive
- Recognition abroad: confirm that any UK nuptial agreements are recognised in your new country and amend or replicate them with a mirror agreement if necessary under local law.
7. Pensions
Before you leave
- Transfer: check whether you can transfer your pension abroad.
- State pension: confirm whether your state pension will still be paid and abroad?
After you arrive
- Tax: get tax advice on any withdrawals. Will you pay double tax on withdrawals?
- Foreign pensions and divorce: if you will begin to accrue a pension abroad, either privately or through an occupational pension scheme, you will need to consider some of the obstacles to sharing overseas pensions and enforcement of pension sharing orders. Overseas pensions and pension sharing | Weightmans
8. Health insurance and life insurance
Before you leave
- Local vs. international coverage: Some countries require you to contribute to their public healthcare system; others may not offer services to non-citizens.
- Private international health insurance. Check whether you need this and be aware of what the policy covers in relation to medical repatriation.
- Life insurance: you can often keep your existing life insurance—but inform your provider and check that the policy is valid while living overseas.
- Tax: does your new country tax life insurance payouts?
After you arrive
- Registration: once you arrive, you will likely need to register for state healthcare.
- Private policies: you will also need to activate and confirm any private policies to ensure they are valid whilst living abroad.
- Local policies: you may need to consider some additional local policies if your existing policies do not meet your new needs. There could also be tax or inheritance benefits.
9. Lasting powers of attorney
For more information about Health & Welfare and Finance & Property Lasting Powers of Attorney (LPAs) see here.
Before you leave
- Recognition: check whether your LPA remain valid overseas. Other countries may require their own legal equivalents.
After you arrive
- Local equivalent: seek legal advice to obtain a local equivalent in your new country. Keep both LPAs updated and accessible.
- Advice: choose and instruct your trusted legal professionals who can advise you in relation to the local laws.
Conclusion
If you’re planning to move abroad, it is an exciting time but there are some important legal matters for you to consider. Seeking coordinated advice from UK-based and local legal professionals is essential.
We regularly assist clients with cross-border moves and can work with our international network to support you with your move and help you to liaise with someone in your destined jurisdiction.
If you are considering moving back to the UK we have summarised the issues you need to be thinking about. Expatriate Family Checklist | Weightmans
If you would like to learn more about international families check out our YouTube videos.
