Oscar Smith

Oscar is a specialist international family lawyer advising on all issues arising from the breakdown of a relationship, whether between married or unmarried couples.

He maintains a broad international practice and is regularly instructed on complex cross-border children and financial matters. His experience spans cases from across the globe, particularly involving Europe, the Middle East and Australia.

Oscar is a Resolution-accredited specialist in complex high-net-worth financial remedies and cohabitation cases, and a member of the Commonwealth Lawyers Association. He is also a collaboratively trained lawyer.

Children 

Oscar’s practice includes international abduction, contact and living arrangements, parental responsibility disputes and cases with allegations of abuse or involving children with complex health needs.  

He has achieved notable success in international relocation matters, including recent moves from England to Australia, England to France, and reverse relocations from UAE to England and from UAE to Australia.  

Reported cases on children matters include:

• Oscar’s reported case of M v F (Parental Responsibility of a non-biological father) [2024] EWFC 377 (B) (09 September 2024) which clarified how mistakes on birth certificates should be treated relating to parental responsibility. 
• G v H (Relocation to Australia: Immigration Issues) [2024] EWFC 230 (B) (24 January 2024)  obtaining permission for an autistic child and his mother to relocate from England to Australia 

Finances 

Oscar is frequently instructed in international high net worth financial remedy cases, as well as in Schedule 1 and TOLATA claims.  

Some examples include:

• Jardaneh v Jardaneh [2022] EWFC 201 (28 September 2022)  committing a husband to prison for failure to comply with court orders 
• Cases including offshore trusts or complex business structures spanning multiple jurisdictions. 
• High income cases, often with deferred income structures 
• Cases concerning the treatment of foreign pensions, cryptocurrencies and pre-nuptial agreements or overseas marital regimes 

Oscar also specialises in drafting and advising on pre- and post-nuptial agreements to protect family wealth, cohabitation agreements, and declarations of trust.  

General International Family Law 

Oscar particularly enjoys some of the more niche areas of international family law, such as the recognition and enforcement of overseas divorces in England and Wales. He is also a specialist when there are competing jurisdictions for divorces and how to approach cases to determine the the most advantageous forum to determine the financial division of assets on divorce.   

Oscar has spoken at international conferences on a range of topics including 

• International child abduction
• Pre- and post-nuptial agreements and marital regimes
• Service of proceedings outside jurisdiction
• Evidence in family law proceedings
• Known for his calm, pragmatic and solutions-focused approach, Oscar helps clients navigate complex emotional and legal issues with clarity and reassurance.

He was shortlisted as a Finalist in the category of ‘Associate of the Year’ at the 2023 LexisNexis Family Law Awards. 

Oscar joined Expatriate Law in May 2021 and qualified in 2015 at Russell-Cooke LLP. 

Education & qualification

• Admitted in England & Wales (2015)
• BPP Law School (LPC, Distinction, 2012)
• BPP Law School (GLD, Commendation, 2011)
• Keele University (BSc (Hons) Psychology and Sociology, 2:1, 2008)

Memberships

• Resolution-accredited specialist in high-net-worth complex financial remedies
• Resolution-accredited specialist in cohabitation cases
• Commonwealth Lawyer Association

Awards

• Finalist for Associate of the Year (Family Law Awards, 2023)

Reported cases

• M v F (Parental Responsibility of a non-biological father) [2024] EWFC 377 (B) (09 September 2024) 
• G v H (Relocation to Australia: Immigration Issues) [2024] EWFC 230 (B) (24 January 2024) 
• Jardaneh v Jardaneh [2022] EWFC 201 (28 September 2022)  

Articles

• Service in international matrimonial cases
• Can we still rely on WhatsApp in Family Law proceedings?
• Treatment of foreign nuptial agreements under English law