How are Property Adjustment Orders treated in the US?

The procedures for property adjustment orders from English and Welsh courts being recognised and enforced in the USA can be a complex process, as the United States does not automatically recognise foreign court orders, including those from the UK. The recognition and enforcement are primarily governed by state laws, as the U.S. doesn’t have a federal law for recognising foreign judgments specifically. Here’s how the process generally unfolds:

1. State Law Jurisdiction:

Each U.S. state has its own laws and procedures for recognising and enforcing foreign judgments. This means that the approach and receptiveness can vary widely depending on where enforcement is sought.

2. Uniform Foreign-Country Money Judgments Recognition Act:

Some states have adopted this Act, which provides a framework for recognising foreign money judgments. While primarily for monetary judgments, the principles may be adapted for other types of orders, including property adjustments.

3. Comity:

U.S. courts may recognise foreign judgments based on the principle of comity, which is a legal doctrine encouraging mutual recognition between jurisdictions. This is not a legal obligation but rather a courtesy extended by the courts to uphold international harmony and fairness.

4. Filing Suit for Enforcement:

Typically, the party seeking enforcement must file a lawsuit in the appropriate state court to have the order recognised as a local judgment. This involves presenting the original order and proving its validity and fairness under both English and U.S. legal standards.

5. Judicial Review:

The U.S. court may review the English judgment to ensure it meets the state’s criteria for fairness and due process. Courts often look for factors such as the jurisdiction of the original court, the fairness of the process and whether the judgment violates any local public policy.

6. Potential Challenges:

The enforcing party might face challenges, such as claims that the original court lacked jurisdiction, the judgment was obtained fraudulently or it contradicts the state’s public policy.

7. Local Legal Representation:

Engaging a legal representative experienced in international family law and utilising a local firm familiar with the specific state’s procedure is crucial. They can navigate the complexities and advocate effectively for the recognition and enforcement of the order.

In summary, while U.S. courts may recognise UK property adjustment orders, it requires navigating a complex legal landscape, relying on principles of comity and often pursuing the judgment in state court.

At Alexander JLO we have decades of experience of dealing with divorce England and Wales comprising of assets overseas (especially in the US). We have links with many legal and accountancy firms there who regularly assist us in finding solutions to jurisdictional issues when it comes to property division on divorce. Why not contact us through the button on the right or call on +44 (0) 207 537 7000 for a free, no obligation consultation and see what we can do for you?

This blog was prepared by Alexander JLO’s senior partner, Peter Johnson on the 5th April 2025 and is correct at the time of publication. With over forty years of experience in almost all areas of law Peter is happy to assist with any legal issue that you have. He is widely regarded as one of London’s leading divorce lawyers. His profile on the independent Review Solicitor website can be found Here