Overseas Property and Financial Disclosure

In England and Wales, the principle of full financial disclosure mandates that all assets, including those located overseas, must be revealed during divorce proceedings. The Office for National Statistics reported 80,057 divorces in England and Wales in 2022, each potentially involving complex financial settlements. Undeclared foreign assets can lead to severe legal consequences, including adverse financial settlements and potential charges of contempt of court.

The process of uncovering hidden assets often requires collaboration with international legal experts and forensic accountants. For instance, the case of Michelle Young, who was awarded £20 million after a protracted seven-year divorce battle involving concealed assets, underscores the importance of thorough asset disclosure.

Wills and Probate Matters

International divorces frequently involve the administration of estates across multiple jurisdictions. Wills executed in foreign countries must be translated to ensure their validity and enforceability in the UK. The translation process involves not only linguistic accuracy but also an understanding of the legal terminologies and implications in both jurisdictions. This ensures that the intentions of the deceased are honoured and that the probate process proceeds without unnecessary delays.

Powers of Attorney (POA)

A Power of Attorney (POA) grants an individual the authority to act on another’s behalf in legal or financial matters. In international contexts, POAs must be translated, in order for them to be recognised by UK authorities. According to Association of Translation Companies, POAs often require sworn translations, especially when they are to be presented before UK public bodies.

The translation must be certified, including a statement of accuracy, the translator’s qualifications, and contact information. This certification ensures that the POA is legally binding and can be utilised effectively in the UK.

Pensions and Financial Settlements

Pensions constitute a significant portion of matrimonial assets. In international divorces, the challenge lies in determining whether a pension held abroad can be included in the financial settlement. UK courts may struggle to enforce foreign pension sharing orders, depending on the cooperation of the foreign pension scheme.

When dealing with foreign pensions, it’s crucial to obtain confirmation from the pension scheme administrators regarding their willingness to comply with UK court orders. Certified translations of pension documents are necessary to facilitate this process and ensure that all assets are appropriately considered in the settlement.

Certified Translations for Legal Proceedings

UK courts require that foreign documents be accompanied by certified translations to be admissible. Certified translations must be clear, legible, and formatted according to the court’s specifications. This ensures that the translated documents are legally recognised and can be effectively utilised in legal proceedings.

Conclusion

International divorces necessitate a comprehensive approach to asset division, encompassing overseas property, wills, powers of attorney, and pensions. Accurate and certified translations of foreign documents are indispensable in ensuring that all assets are properly disclosed and considered in the financial settlement. Legal professionals and individuals involved in international divorce proceedings must prioritise the accuracy and legality of translated documents to navigate the complexities of such cases effectively.lated documents to navigate the complexities of such cases effectively.

Legal Translations in Family Law

Legal translations are essential for several reasons:

1. Facilitating Fair Participation: Parties involved must understand legal documents and court proceedings to participate effectively.
2. Maintaining Legal Accuracy: Translations ensure that the original meaning of documents is preserved across languages, which is vital for the consistency of the legal process.
3. Cross-Border Collaboration: Many cases involve authorities in different jurisdictions. Translations enable communication and cooperation across borders.

Case Examples Illustrating the Role of Translations

Vasquez v. United States

In this case, a defendant sought to withdraw a guilty plea due to a poor translation provided by legal counsel. In this instance even a gist translation provided by an online tool revealed discrepancies in the translation! Online machine translations tools are great for understanding the gist of something in a variety of scenarios; however, they are not always accurate and issues with MT and AI systems are well documented, meaning if you’re submitting something to court and relying on something in a case, it’ll need to be translated by a professional. In this case, the translation was initially provided by legal counsel, not by a qualified professional legal linguist, and  thus illustrates the risks of relying on unverified translation methods. The accuracy of legal documents can significantly influence the outcome of a case.
Source: Law Gazette

Interpreter Failures in Family Courts

Sir James Munby, former President of the Family Division, described failures in interpreter arrangements as unacceptable. A final adoption hearing had to be abandoned because no interpreters were available. This disrupted the legal process and delayed proceedings. Courts must ensure that translation services are consistently available to uphold justice, and this example serves to illustrate the importance of engaging a professional linguist well in advance of a court hearing and also helps put the spotlight on issues surrounding the legal lanaguage service industry in the UK, including fair pay for linguists – an issue that has driven many out of the industry. Make sure a specialised and professional linguist or Language Service Provider is engaged in advance of a court hearing to ensure proceedings are not delayed and justice is available to all.

Suffolk County Council v. The Mother and Others

This case addressed the allocation of translation costs in care proceedings. The court ruled that translations were necessary for ensuring fairness. It also considered financial responsibilities for providing translations, which remain a pertinent practical issue in many cases.

Recommendations for Legal Translations

• Engaging Specialist Translators: Legal translators with experience in the relevant languages, jurisdictions and practice areas should be used to ensure accuracy.
• Certifying Translators: Translators should be professional and qualified, holding recognised credentials, and demonstrate experience and competence in legal translations. LSPs with relevant certifications, such as ISO17100, awarded by professional bodies, such as the ATC, should be looked out for and engaged.
• Avoiding Machine Translations: While technology can assist, and as outlined earlier in this article can be great for giving a gist understanding of a foreign language document, human expertise remains critical for interpreting legal language and cultural nuances and for ensuring they are understood in correct context.
• Allocating Resources: Sufficient funding and time should be devoted to obtaining translations. With the best will in the world, translating a hundred pages for the next day on a pittance is not doable – if you have a foreign language client, take note of likely requirements and plan ahead from the outset.
• Informing Clients: Clients should understand the translation process and its importance in their case. You could use specific examples, such as those referenced in this article or elsewhere on this site, to help illustrate to your client.

Conclusion

Legal translations are integral to any case involving foreign language speaking parties, and especially in cases as personal as international family law cases. They enable fair participation, preserve the accuracy of legal processes, and support collaboration across jurisdictions. Cases such as those mentioned above highlight the consequences of inadequate translations. Legal practitioners must prioritise professional translation services to serve their clients effectively and uphold legal standards.

For further information or support with legal translations, IMD Translation provides services tailored to complex cases involving multiple jurisdictions.

Recent updates to the UK Government’s guidance on certifying documents, including translations, have raised concerns. The changes, detailed on the UK Government website and in the Ministry of Justice’s Family Procedure Rules for PD7A, deviate from long-standing UK best practices and thus this new guidance exposes both the individuals submitting certified translations as well as the authorities receiving certified translations to the risk of translation errors, to certified translations being rejected, and to lengthy delays in processing translated documentation.

The UK’s leading translation bodies — the Association of Translation Companies (ATC), the Chartered Institute of Linguists (CIOL), and the Institute of Translation and Interpreting (ITI) — have collaborated to standardise certification practices, issuing joint best practice guidance in early 2024, endorsed by all three associations and recommended to all UK authorities. This harmonised guidance aims to ensure uniformity and acceptance of certified translations by UK authorities; however, the recent changes on gov.uk and from the Ministry of Justice is now out of step with these best practices from the UK’s leading industry bodies.

Current Actions

Since the changes in mid-2024, the ATC, ITI, and CIOL have been actively seeking clarification and correction from UK government departments and agencies, whilst continuing to endorse each other’s members and certification guidance.

Immediate Steps

In light of the updated gov.uk guidance and Family Procedure Rules, IMD Translation has revised its certification procedures to meet current requirements, both in line with harmonised guidance from the leading industry associations, and to cover the needs of the updated gov.uk and Family Procedure Rules.

Whilst IMD Translation has always provided standard company certification of human translations, going forward it now includes linguist certification as standard also.

If you have previously received only standard company certification from IMD Translation on any recent project(s), and now require additional linguist certification due to the recent changes, please contact us directly and we will ensure you have the necessary documentation.

(Note: This applies only to the addition of linguist certification for existing or recent projects and does not cover other types of certifications, such as sworn translation certification).

In recent Private Children Act proceedings, IMD Translation played a pivotal role in securing a favourable outcome for our customer’s client. The case involved a father seeking a Child Arrangements Order for his child due to concerns about the mother’s abusive behaviour and excessive drinking. 

The Challenge 

The father had substantial video evidence documenting the mother’s behaviour; however, these recordings were in a language not understood by the court. The accuracy and reliability of the translated transcripts were crucial, as they formed the cornerstone of the father’s case. 

Our Solution 

Our team of expert legal linguists meticulously provided direct transcription of the recordings, ensuring every nuance and detail was accurately conveyed, maintaining the integrity of the evidence. This process involved: 

• Precision: Ensuring that the direct transcriptions reflected the original content without any loss of meaning. 

• Confidentiality: Handling sensitive information with the utmost care and discretion. 

• Timeliness: Delivering within tight deadlines imposed by the court proceedings. 

The Outcome 

Thanks to the precise and reliable transcriptions, the court was able to fully understand the gravity of the situation. The transcriptions were instrumental in the court’s decision to grant the Child Arrangements Order, allowing the child to live with the father and thereby helping ensure the child’s safety and well-being. 

Conclusion 

Without our expert direct transcription services, facilitated by our amazing linguists, the father’s compelling evidence might not have been fully appreciated, potentially leading to a different outcome. Our work not only facilitated justice but also protected the welfare of a vulnerable child. 

Why Choose Us? 

At IMD Translation, we specialise in legal translations, offering: 

• Expertise: Our translators are well-versed in legal terminology and procedures. 

• Accuracy: We deliver precise translations that uphold the integrity of the original documents. 

• Confidentiality: We prioritise the privacy and security of our clients’ information. 

• Reliability: We deliver high-quality translations from qualified human linguists within reasonable timeframes. 

Choose us for your legal translation needs and ensure that your evidence is presented clearly and accurately in court. 

Several documents may be required during divorce proceedings, and while not all of them need translation, one crucial document that might is the original marriage certificate, especially if it’s in a foreign language. This translation is necessary for the ratification of the divorce in the UK legal system.

UK Court Recognition of Translations

When submitting a document to a UK court that is not in English or Welsh, it must be accompanied by a ‘certified translation.’ A ‘Certified Translation’ is a translation performed by a qualified translator and that is certified by the linguist and/or the responsible LSP as a true and accurate rendering of the original document, ensuring that relevant authorities accept and recognise the translation as true and accurate.

In some cases, a Statement of Truth from the translating linguist may also be required, particularly in Family courts. If this is needed, let us know at the outset of a project and we can facilitate this additional certificate for you.

Divorce Overseas

Divorce proceedings vary significantly between countries, so it’s crucial to check requirements with the authorities involved. Certain countries, such as the Netherlands and Italy, may require sworn translations, while others may necessitate notarisation.

Even after the divorce is granted, legal matters may persist, especially if one party intends to relocate abroad – read more about this here.

If you need translation services for legal documents, feel free to contact us at info@imdtranslation.co.uk or 03309121530. Our friendly team is ready to assist you today.

Enforcing a financial consent order abroad

If divorced in England and Wales, but one or both parties to the divorce have property or income abroad, a financial order in another country may need enforcing, which can be challenging.

This may involve needing to seek a financial order abroad,  such as when an overseas property is to be sold or transferred. There may also be a need for an overseas financial order if a former spouse has relocated to another country and they are to make maintenance payments. Advice from an experienced international family law solicitor will be needed in relation to how to enforce such an order, as this will depend on the circumstances and the country where it is to be enforced. Similarly, such documents may need to be translated into the official language of the locale in which is needed to be enforced in order to be recognised by the local authorities.

Updating your Will

It is also essential to review one’s Will after a divorce. If a Will has been made in England and Wales, then the Will is still valid in the event of divorce but may not be fit for purpose. Many people appoint their spouse as an executor and make them the main beneficiary of their Will. However, the effect of divorce on the Will is that it treats the spouse as if they passed away before maker of the Will. This means that the spouse will no longer be able to inherit from the Will or act as the executor. Although this may be what one may like to happen, this leaves significant gaps in one’s estate plan. Another person will need to be appointed to act as executor and decide who inherits from the estate.

Change your Power of Attorney

Similarly; most people will appoint their spouse as their attorney. However, the effect of divorce is that it will terminate the former spouse’s appointment as attorney, so one may be left without a power of attorney in place. It is essential to have an attorney in place to provide peace of mind to move forward. Where a power of attorney is being exercised in relation to assets or a beneficiary overseas, related documents may need translating into the language of the relevant locale.

Pensions if one partner moves abroad

Pensions can be a complex area of financial settlement in divorce, even more so when one party lives abroad or wishes to move overseas in the future.

It is not possible for the courts in England & Wales to make a pension sharing order against a pension held in a foreign pension scheme. However, a former spouse can transfer their pension funds into an overseas scheme, meaning one could lose out on pension income if this is not properly addressed as part of a financial settlement. Typically, the courts prefer a ‘clean break’ regarding pensions and will make a pension sharing order, which divides pensions right away. This is compared to a pension attachment order, which determines that a percentage of a person’s future income will be paid to their ex-spouse once the pension holder reaches retirement age.

Contact IMD Translation – Because in Legal Matters, Language Matters

If you need advice regarding international divorce or what comes next, get in touch with our sister company, IMD Solicitors.

If you need legal translation of documents, get in touch with IMD Translation today at 03309121530 or info@imdtranslation.co.uk.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.

A legal language service provider is a company that provides language-related services to legal professionals. These services may include legal translation, document review, document editing, language QA, transcription, interpreting and more. Legal language service providers are often contracted to help lawyers, law firms, and other legal professionals with the language-related aspects of a case or project.

However, given the vast amount of companies purporting to offer accurate interpretation service, it’s difficult to know which one to choose.

Firstly, check their experience, qualifications and track record

When selecting a legal language service provider, assessing the quality of the provider’s work is important. This can be done by evaluating the provider’s experience, qualifications, and track record, specifically in relation to language services within legal practice areas.

The first step in evaluating a legal language service provider is to assess their experience. It is important to look at the provider’s past work and determine if they have the necessary experience and expertise to handle the job. Experience is particularly important when it comes to legal translation, as the translator must be familiar not only with both the source and target languages, but also the jurisdictions in which the translations will be used.

The next step is to assess the provider’s qualifications, such as ISO 17100 & ISO 9001 certifications, and professional memberships such as with the Association of Translation Companies. It is important to ensure the provider is qualified to handle the job.

Finally, it is important to evaluate the provider’s track record. This involves looking at the provider’s past projects and determining if they have successfully completed them, and for whom. It is also important to look at any feedback or reviews from past clients to understand how satisfied they were with the provider’s services.

And then ensure the provider is right for your requirements

Once you have evaluated a legal language service provider, you can begin to make a decision about which provider to work with. Here are some tips to help you make the right decision:

1. Consider the services offered – Make sure that the provider offers the services that you need.
2. Evaluate the provider’s experience – Look at their past work and make sure that they have the necessary experience to handle the job.
3. Assess the provider’s qualifications – Make sure that the provider is qualified to handle the job.
4. Look at the provider’s track record – Make sure that they have been successful in completing past projects.
5. Read reviews from past clients – Reviews can help you get an idea of how satisfied the clients were with the provider’s services.
6. Compare prices – Make sure that you are getting the best value for your money in relation to the experience, quality, and service offered.
7. Ask questions – Don’t be afraid to ask questions to make sure that you are making the right decision.

If you need legal translation across any legal practice area, including family law and probate, don’t hesitate to get in touch at 03309121530 or info@imdtranslation.co.uk