A distraught Billy was initially left devastated and resorted to drastic measures when he found out – burning his son’s passport and running away with both children before his cousin Phil tracked him down and persuaded him to return.

As this is the world of soaps, Billy’s nightmare ended quite happily for him – with Honey taking only their son to Canada, and leaving their daughter behind with her dad.

However, in reality it is rare for such cases to end amicably.  If you want to live abroad with your children, how do you stand legally? Here are some of the key questions we are often asked by our clients in similar situations.

1.    Do I have to get permission from my ex to move abroad?

Before deciding to move overseas with your children, you need to obtain permission from your former spouse. Under English law, nobody is allowed to take a child out of England and Wales without the permission of everyone who has parental responsibility. If you ignore this ruling, your action would be regarded as child abduction as stipulated under the Hague Convention.

2.    What if my ex says no?

If this happens, you will have to seek the permission of the court for what is known as a ‘relocation application’ or an ‘application for leave to remove’. When the court considers your request, its priority will always be the welfare of your children and not your personal preferences.

As your spouse is opposing your plans to relocate, the onus will be on you to demonstrate good reasons to the court why it should give you the go-ahead. If your plans are reasonable and genuine, the court will generally allow relocation. However, you will need to show that your reasons for going are not because you want to exclude your ex from your children’s lives.

3.    How does the court decide?

Courts are only interested in the best outcome for your children and will look at all aspects of their lives, from how they are performing at school, to their family network and the activities they are involved with. They will also look at the impact of losing contact with their extended family.

In order to satisfy the court that your intentions for relocating are genuine, you will need to show where you will be working and living, together with details of what childcare support is available. You will also be expected to explain how your children will maintain contact with mum or dad. For example, weekly Skype calls and visits back to the UK in school holidays.

As with any matter relating to family breakdown, at Jones Myers we would advise you to always put your children first and consider what is best for them. Whilst relocating may be a good opportunity for you, it is important to step back take and really consider the short and long term impact on your children of denying them regular face to face contact with their other parent.

That’s why we suggest to clients who are considering relocation to another country to think long and hard before making any decision – and to seek our advice as soon as possible, particularly if your former spouse if opposing your plans.

Should the courts be involved in these decisions or should couples be left to agree between themselves? Please share your views by leaving a comment below, drop us an e-mail or tweet us @helpwithdivorce

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“Ghost” actress Demi Moore and her former husband actor Ashton Kutcher are cases in point. Ms Moore is the most recent Hollywood star contesting for a substantial divorce settlement. Sixteen months after splitting with her younger husband, she has filed papers seeking financial support from her ex.

When the couple married in 2005 Ms Moore’s celebrity status – and earning power – was higher than Kutcher’s.  As the pair didn’t sign a pre-nuptial agreement, Ms Moore is now allegedly seeking a considerable settlement from her former husband, whose income escalated during their marriage. Kutcher is reported to be worth $100 million – apparently substantially more than Ms Moore. As well as his contracts for film work, Kutcher made canny investments in booming internet start-up companies, including Skype and Foursquare.

Some might speculate about why a then-successful Hollywood actress rejected the idea of entering into a pre-nuptial agreement with the relatively unknown actor. Perhaps, like many brides-to-be, Demi Moore found the idea of a pre-marital arrangement unromantic or unnecessary.

And it’s not just brides who shy away from them – Paul McCartney famously married for the third time in 2011 without a pre-nuptial.  After his disastrous spilt from second wife Heather Miles many people were surprised by his decision to dispense with any formal pre-marital arrangement when he walked Nancy Shevell up the aisle.

Money and assets acquired before and during a marriage can become ammunition when a couple splits. With the average wedding in the UK now costing £22,000 saying “I do” is a massive investment. We take out insurance policies for our homes, our holidays and even our pets – so why not a pre-marital agreement as insurance in case a marriage breaks down?

Five reasons why making pre-nuptial agreements part of wedding preparations could be a sensible option.

1. They help to manage expectations about finances and encourage open discussions about how each of you manage finances
2. They can be valuable in agreeing solutions about finance before a problem crops up and may prevent costly litigation bills in the long run
3. They are key if one or both of you have substantial assets or property that could be difficult to divide
4. They help to safeguard assets or inheritance for children from a previous marriage
5. They clarify matters if you expect to inherit a substantial amount of money or property

What are your thoughts on pre-nups? Leave a comment below, tweet us @HelpWithDivorce or e-mail us here.

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