Divorce

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

1. 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.

2. 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).