The benefits of being a dual-qualified lawyer

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While many family law cases are localised, increasing numbers include an element of cross-border work. A dual-qualified family lawyer brings an understanding of different legal systems and cultures that helps inform their approach to running the case. Here, two lawyers explain their own experiences.

Amelia Davey, a senior associate solicitor, qualified in England & Wales before moving to Perth in 2016 where she became dual qualified in Western Australia. She recently returned to Plymouth. Solicitor Shreya Kallingal is from South India; she took her Indian law degree in Chennai and practised family law in India for three years. She then studied for her masters at the University of Edinburgh Law School, becoming dual qualified in England & Wales. Shreya now works in Exeter. Both work for The Family Law Company.

Why do you think it’s useful for a family lawyer to be dual qualified?

Shreya: Simply reading about legislation in another country doesn’t tell you how it works in practice. Having a dual qualification gives you a real understanding of how the law works in both countries.

Amelia: Clients come from so many different backgrounds and cultures. Sometimes they have assets, former partners, children in an alternate country or have been served with a court application relating to their child or property. So, it can certainly be beneficial for a family lawyer to have knowledge of the legal system in that country or state.

Why did you choose to be dual qualified?

Amelia: The choice was down to personal circumstances as I moved to Western Australia to join my partner. I decided to cross qualify because I wanted to continue practising family law.

Shreya: I was practising in India and working on an increasing number of cases with an international element, particularly children relocating to England from India or vice versa. I realised that to help clients achieve the best outcome, I’d need to consider a range of remedies across both jurisdictions. Indian law draws from English common law, so the transition wasn’t too difficult. However, the legal culture and procedural rules are very different and require more effort to assimilate. Qualification assessments like the Solicitors Qualifying Exam/Qualified Lawyers Transfer Scheme are designed to help you hit the ground running as a legal professional in the new jurisdiction.

What benefits have you personally experienced from your dual qualification?

Shreya: I recently worked on a case where both parties work in England but have assets in India. My knowledge of the law in both countries meant I could advise my client on the most favourable jurisdiction for their divorce and financial remedy. For example, in India there’s less inclination towards a 50/50 split, the tax laws are different, as is the way an asset is treated evidentially.

Amelia: While I was in Western Australia, I could advise clients on applications that had been instigated in England and served upon them, including cases relating to finances and child maintenance. It was particularly useful to be dual qualified when dealing with relocation cases, where the parent wished to relocate from Western Australia to England or vice versa. Understanding two legal systems and, importantly, how each jurisdiction deals with certain applications, has been invaluable for some of my clients. 

Would you encourage other family lawyers to consider dual qualification?

Amelia: In a world where travel and relocation is increasingly common it’s definitely helpful if you have the opportunity to dual qualify – it adds another string to your bow. There are always going to be benefits from having contacts and connections around the world and understanding how other legal systems work.

Shreya: If your work carries an element of cross-border issues then a dual qualification gives you a specialist advantage. For a family lawyer it could be particularly beneficial dual qualifying in the US or Australia. You’ll need to have the time to put in; for me it took a year of study.

Examples of where a dual qualification can be an advantage

• If a client has assets in the alternate jurisdiction in which you’re qualified then you can advise the client regarding eligibility to, and/or the benefit of issuing a court application in each jurisdiction. If you’re dual qualified and able to practice in the alternate jurisdiction, you can assist and represent the client, if required.
• If a client seeks to relocate with a child and is successful, you can ensure that, if necessary, the client is advised on how to reciprocally enforce the orders in the alternate jurisdiction. Similarly, the client may require some advice regarding domestic orders that could be sort, if required in the future, for example in relation to arrangements for children and domestic abuse.
• It’s not uncommon for child maintenance issues to arise where one parent lives abroad and having dual qualification can assist when these issues arise.

Amelia Davey is a senior associate solicitor at The Family Law Company and Shreya Kallingal is a solicitor at The Family Law Company.