Family Law
Divorce
An international divorce occurs when you file for divorce in a nation other than where you now reside or where your primary residence is. If you and your ex wind up living in different countries or have different nationalities, it may be because you frequently travel for work.
You must take two actions if your problem includes two or more nations:
Determine which nations you can divorce in, and if you have a choice of more than one, determine which one is most likely to result in the best conclusion for you. Two sections make up this manual. You can determine which nations you might be able to divorce. If you are able to obtain a divorce in more than one country, read the second part to assist you in determining which nation would be the most advantageous for you to file for divorce in. Throughout this manual, the term “ex” refers to your husband, wife, or civil partner from whom you have already split or are now in the process of doing so.
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Deciding where to get a divorce
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Important information regarding getting a divorce abroad
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How to choose a divorce jurisdiction
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Why does that matter? (Divorce internationally)
Deciding where to get a divorce
Divorce laws to differ greatly from one nation to the next. So, it is crucial to seek legal counsel from a lawyer knowledgeable about the divorce laws of the country in which you are considering getting divorced if you are considering doing so. This will mean that you are aware of what it entails right away. For instance, you must hire a lawyer in some nations to file for a divorce. If you want to end a civil partnership that you entered into, say, England, you might find it impossible in other countries since it is not recognised. No matter where you lived at the time you or your ex-spouse decided to dissolve your marriage or civil partnership, you are not required to do so in the nation in which you were wed. You can obtain a divorce in the nation in which either of you currently resides, provided that nation recognises your marriage in the first place, though this is not always the case. So, a lot of couples will discover that they can file for divorce in more than one nation. The country in which you can divorce depends on whether the court there has the authority and jurisdiction to hear your case. These authority and right are known as “jurisdiction” in law.
Important information regarding getting a divorce abroad
You can only obtain a divorce abroad if
- You can apply for a divorce in the country where your marriage is legally recognised.
Only in a nation where your marriage is legally recognised can divorce be obtained. For instance, even if you or your ex-spouse has ties to Russia, you might not be able to obtain a divorce there if you got married as a same-sex couple in England, where same-sex unions are permitted.
- You can demonstrate that you or your ex-spouse has ties to the nation where you intend to file for divorce.
You must demonstrate that you or your ex-spouse is connected to the country to obtain a divorce there. If you can demonstrate this relationship, a court will only have the authority and the right to hear your case. The legal term for this is “jurisdiction.” Various nations have distinct laws that determine whether their courts have the authority to handle a matter when other nations may be involved. Hence, you must seek legal counsel from a lawyer who is knowledgeable about divorce legislation in the nation where you are considering getting divorced.
There are laws in many nations that determine if you have a link to that nation based on
- being a citizen of that nation
- being a “habitual resident” of that nation
- having a “domiciled” presence there
Be aware that different nations throughout the world have varied laws regarding nationality, habitual residence, and domicile before we go any further with our explanation of these legal words. Hence, you must seek legal counsel from a lawyer who is knowledgeable about divorce legislation in the nation where you are considering getting divorced.
- Nationality
A national has the legal right to belong to a nation-state. Nationality can be acquired through birth, parental nationality, adoption, or marriage (the rules vary from country to country).
- Regular Residence
“Habitual dwelling” refers to a regular place of habitation. You must demonstrate that you are settled in the nation or that you intend to stay there for a time, even if it is not your permanent home, in order to establish habitual residence.
Each country has its own requirements for proving residency.
- Domicile
Domicile Many nations have varied definitions of what it means to be domiciled. So once more, if you intend to use this rule to demonstrate your connection to a nation, you should seek legal counsel from a lawyer who is knowledgeable about divorce laws in the nation where you are considering seeking a divorce.
Your permanent residence is known as your “domicile” in England and Wales. It’s not necessary for this to be a permanent address. For instance, if you are working abroad but do not intend to live there long-term, your natal nation will still be considered your “domicile.” You may file for divorce if a nation is your permanent residence. If you have made a new country your permanent home, it can be either the one you were born in or the one you relocated to.
How to choose a divorce jurisdiction (if you can choose between two or more countries)
Divorce laws differ greatly from one nation to the next. The location of your divorce can have an impact on a number of crucial factors, including the types of financial orders the court is likely to make in your favour; the costs involved; the time it takes to get divorced, settle finances, and make arrangements for your children (if you have any); how you make arrangements for your children (if you have any); and how simple it is to enforce court orders in the country where you divorced or in another country. You might discover that filing for divorce in one nation will financially benefit you more than filing elsewhere. In some nations, divorce matters may be handled by the legal system more favourably for males than for women. Divorce proceedings could be more expensive or take a long time in one nation but not in another. It is crucial to determine which country will result in the greatest results for you if you have a choice of where to begin your divorce. You should consider whether it would be practical for you to obtain a divorce in another nation. It is vital to consider factors like the length of divorce processes in the nation you are considering applying for a divorce in, if you know the language, and the costs of divorcing abroad because divorce is frequently an extremely stressful and upsetting process.
Before filing for divorce, it’s crucial to consult an international family law solicitor or an attorney in each possible jurisdiction to learn how much the divorce process will cost and whether it will actually be in your best interests. Several firms that specialise in international divorce law have offices abroad, so their colleagues can assist you. Even if they don’t have offices abroad, they will be in contact with competent lawyers who specialise in this area in several nations. After that, they will connect you with the best attorney for your case.
If you have the option of divorcing in more than one nation, the court will often determine whether you have a strong enough connection to the country in which you are applying, and as long as your ex-spouse concurs, the divorce will proceed there. In the event that your ex disagrees, the court will have to decide how the divorce should be handled. This is known legally as a “forum dispute.” Forum disagreements can take a very long time and cost a lot of money. So, seeking expert counsel is crucial before beginning your divorce lawsuit. If you want trustworthy advice from a specialist, you will need to pay them, but if you don’t, you can find yourself in a difficult and pricey legal argument over which court should handle your divorce.
Why does that matter? (Divorce internationally)
Domicile –the legal standard for determining which nation is your permanent residence. It may be simple to figure out for some people, but it may be more difficult for others.
Habitual Residence –the requirement under law where you typically reside. This is quite simple for the majority of individuals, but it can be more challenging for some.
International divorce –when you seek a divorce in a nation other than where you currently reside or where your primary residence is.
Jurisdiction –the authority a court has under the law to hear your case.
Nationality –A national is someone who has the legal right to belong to a nation-state. Nationality can be acquired through birth, parental nationality, adoption, or marriage (the rules vary from country to country).
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Frequently Asked Questions
Can an expat or immigrant file for divorce in their home country or must they file in the country where they reside?
The rules regarding where an expat or immigrant can file for divorce depend on the laws of the country in which they reside. In many cases, individuals must file for divorce in the country where they are living, regardless of their nationality or country of origin.
However, some countries may allow individuals to file for divorce in their home country if certain conditions are met. For example, some countries may permit citizens who live abroad to file for divorce in their home country if they can demonstrate that they have a strong connection to that country and that it would be difficult or impractical to file for divorce in their country of residence.
It is important to consult with an attorney or legal professional in your jurisdiction to understand the specific rules and requirements related to filing for divorce as an expat or immigrant. An experienced lawyer can help you navigate the complex legal issues involved and ensure that your rights and interests are protected throughout the process.
What is the process for filing for divorce and how long does it typically take?
The process for filing for divorce varies depending on the jurisdiction in which you reside, but generally involves several steps:
Meet residency requirements: Depending on where you live, you may need to meet certain residency requirements before you can file for divorce.
Prepare and file divorce petition: This is a legal document that initiates the divorce process and outlines your reasons for seeking a divorce.
Serve the divorce papers: You must serve the divorce papers to your spouse, either through a process server or through certified mail, depending on the rules in your jurisdiction.
Response: Your spouse has a certain amount of time to respond to the divorce petition.
Negotiate a settlement or prepare for trial: You and your spouse will have the opportunity to negotiate a settlement that addresses issues such as property division, child custody, and spousal support. If you cannot reach an agreement, you may need to go to trial.
Finalize the divorce: If you are able to reach an agreement, you will need to present it to the court for approval. Once the court approves the agreement, the divorce will be finalized.
The length of time it takes to complete the divorce process varies depending on the complexity of the issues involved, the level of conflict between the parties, and the backlog of cases in the court system. In some cases, a divorce may be completed in a matter of weeks or months, while in other cases it may take a year or more to finalize.
How is child custody and support determined in a divorce case?
Child custody and support are typically determined in a divorce case based on what is in the best interests of the child. The specific factors that are considered vary by jurisdiction, but generally include:
The child’s age, health, and emotional needs.
Each parent’s ability to provide for the child’s physical, emotional, and developmental needs.
The child’s relationship with each parent and other family members.
The distance between the parents’ homes and how it may impact the child’s routine and lifestyle.
Each parent’s willingness and ability to cooperate and communicate with the other parent regarding the child’s welfare.
Any history of abuse or neglect.
In most cases, courts prefer to award joint custody, which allows both parents to share in decision-making responsibilities related to the child’s upbringing and well-being. However, physical custody may be awarded to one parent if joint custody would not be in the best interests of the child.
Child support is typically calculated based on guidelines established by state law, which take into account factors such as the income of both parents, the number of children involved, and the cost of living in the area where the child resides. The non-custodial parent is usually required to pay a certain percentage of their income to the custodial parent to help cover the child’s expenses, such as food, clothing, housing, and medical care.
It is important to consult with an attorney or legal professional in your jurisdiction to understand the specific rules and procedures related to child custody and support in your area. An experienced lawyer can help you navigate the complex legal issues involved and ensure that your rights and interests are protected throughout the process.
Can a spouse be awarded alimony or spousal support after a divorce and how is the amount calculated?
Yes, a spouse can be awarded alimony or spousal support after a divorce in some cases. Alimony is typically intended to provide financial support to a spouse who is economically disadvantaged or who sacrificed their own career or earning potential to support the other spouse during the marriage.
The rules regarding alimony vary by jurisdiction, but in general, the amount and duration of alimony payments are determined based on factors such as:
The length of the marriage
The income and earning capacity of each spouse
The age and health of each spouse
The standard of living established during the marriage
The contributions of each spouse to the marriage (including homemaking and child-rearing)
Any other relevant factor that the court deems appropriate
In some cases, alimony may be awarded for a specific period of time, such as several years or until the recipient spouse is able to become financially self-sufficient. In other cases, alimony may be awarded permanently.
It is important to note that the rules regarding alimony and spousal support vary widely depending on the jurisdiction, so it is essential to consult with an attorney or legal professional in your area for guidance on how these issues are handled locally. An experienced lawyer can help you understand your rights and options related to alimony and spousal support and assist you in navigating the complex legal process involved.
How is debt divided in a divorce and what factors do courts consider?
The division of debt in a divorce is typically determined based on the laws of the jurisdiction in which the divorce is filed, as well as the specific facts and circumstances of the case. In general, there are two main approaches to dividing debt in a divorce:
Community property states: In these states, all marital assets and debts are split equally between the spouses, regardless of who incurred the debt or whose name the debt is in.
Equitable distribution states: In these states, the court will divide marital property and debt in a manner that it deems fair and just under the circumstances. This may involve taking into account factors such as:
The length of the marriage
Each spouse’s income and earning potential
The contributions of each spouse to the marriage (including homemaking and child-rearing)
Any prenuptial or postnuptial agreements between the parties
The financial needs of each party, including any ongoing expenses related to the care of minor children
In some cases, the court may also consider other factors, such as one spouse’s wasteful dissipation of marital assets or debts.
It’s important to note that debt that was incurred prior to the marriage, or after the date of separation, is usually considered separate debt and would not be subject to division in a divorce.
It is important to consult with an attorney or legal professional in your jurisdiction to understand the specific rules and procedures related to debt division in your area. An experienced lawyer can help you navigate the complex legal issues involved and ensure that your rights and interests are protected throughout the process.
