If obtaining a divorce is already a complex process when both parties of the couple reside in the same country, imagine when one of the parties resides in another country. In these cases it is always essential to enlist the help of divorce lawyers to ensure that the process is carried out in accordance with international laws and the multiple jurisdictions that come into play.
Are you in this situation? This article will help you clear up any doubts by providing you with key considerations for couples living in different countries who are seeking a divorce.
When do you need an international divorce?
An international divorce can occur in different situations:
- The spouses reside in different countries
- Both are citizens of a country other than the one in which they currently reside
- The couple was married in one country but have since moved
- Couples who have assets and property spread across different nations.
In other words, an international divorce is any separation that has an important element of the proceedings in more than one country.
Why international divorces are different
Unlike conventional divorces, international divorces may be governed by the laws of different countries and some may not recognize a divorce granted in another jurisdiction.
In addition, issues such as child custody, division of property and spousal support may be interpreted differently depending on each country’s legal framework.
Deciding which country handles your divorce
However, if both parties are in different countries, how do you choose the country where the divorce will take place?
How to figure out which country has jurisdiction
In determining which country has jurisdiction, courts generally consider factors such as where the spouses currently live, where they are citizens or where they were married.
For example, in the UK, at least one spouse must have lived there for 12 months before filing for divorce.
What if both countries claim jurisdiction?
When this happens, it is important to act quickly and with caution. The country where divorce proceedings are initiated first often has the advantage in deciding the case. This is called ‘temporal priority jurisdiction’, which means that the country that starts the legal proceedings first is likely to take control of the divorce.
However, if the laws of the two countries are very different, this could lead to contradictory decisions, further complicating the process.
Can your divorce in one country be valid in another?
This is one of the most frequently asked questions within the offices of lawyers specializing in international family law in Spain and other parts of the world.
In most cases, countries will recognize foreign divorces, but it depends on whether the divorce complied with the legal requirements of both countries. However, there are countries where religious laws take precedence, and would not recognize divorce.
Sorting out money and kids
Money and children are two of the concerns a couple has when going through an international divorce.
How does international law affect custody?
Different countries have different approaches to custody, and international law may come into play, especially if one parent wants to relocate with the children. The Hague Convention on Child Abduction is an important treaty that protects children from being taken illegally across borders during custody disputes. Courts in countries that are party to this convention prioritise the best interests of the child.
Dividing assets across different countries
Courts will generally consider which country’s laws apply to the division of property. Some countries divide property according to equitable distribution (which is fair, but not necessarily equal), while others have community property laws (where all property acquired during the marriage is divided equally).
Finding an international divorce lawyer
You have already seen that dealing with an international divorce can be a challenge. That is why it is very important to find the right international divorce lawyer to accompany you on this journey.
Be sure to compare the experience of several lawyers and consult the opinions of other clients who have sought help in situations similar to yours.
A lawyer will make sure that your rights are protected and will help you deal with any problems that may arise.
Thank you for reading.
