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Cross-Border Divorce Law Factors to Consider
In an increasingly interconnected world, cross-border divorces are becoming more commonplace. Married couples often find themselves dealing with the complex web of international law when they decide to part ways. Navigating this can be a challenging process, particularly as laws vary significantly between countries. Therefore, seeking expert legal advice from international lawyers is crucial.
In this guide, we will delve into some essential considerations for cross-border divorce, including the possibilities and complexities of divorcing in one country having married in another, divorcing outside of England, understanding jurisdiction, and the different grounds for divorce across various countries.
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Discover whether you can get divorced and married in separate countries
Find out whether you can get divorced in another country
Find out where the jurisdiction for your divorce will be held
Discover whether or not the grounds for divorce will be different in certain countries
How we can assist
Can I Get Divorced in One Country and Married in Another?
In most cases, yes, you can get divorced in one country and married in another. However, it is crucial to ensure that your divorce is legally recognised in both countries. Not all countries accept divorces granted in foreign jurisdictions. Therefore, before planning a wedding in another country post-divorce, it's advisable to consult with legal experts with an understanding of both jurisdictions to ensure you won't face any legal hurdles at a later stage.
Another important factor is the verification of divorce decree. The marriage country may require a certified copy of the divorce decree and possibly an Apostille stamp, depending on whether both countries are part of the Hague Convention, which ensures that public documents are recognised in countries that are signatories to the treaty.
Can I Get Divorced Outside the UK?
Yes, you can get divorced outside of the UK, and the UK will generally recognise foreign divorces provided they meet certain criteria. The divorce must be legally effective in the country where it was obtained and both parties had notice of the proceedings. However, certain situations may complicate this process. For instance, if you or your spouse have a strong connection with another country (e.g., dual citizenship, property), it might impact where you can or should file for divorce. For instance, you will be able to get a divorce in a foreign country if it is your current domicile.
In most cases, the courts will decide where jurisdiction lies based on the closest connection to the couple or any children they may have. You may be able to get divorced outside of the UK, but only if the jurisdiction allows you to.
It's also important to understand that being divorced abroad may have implications on financial settlements, child custody arrangements, and more. Therefore, it is advisable to seek legal advice from an international lawyer before deciding where to file for divorce.
Where Will the Jurisdiction Be for my Cross-Border Divorce?
Jurisdiction in cross-border divorces can be complex and depends on several factors. Generally, the jurisdiction is determined by where you and your spouse are habitually resident or where you both last resided in case where one you still reside there. However, in EU countries, the rule of 'lis pendens' applies - which means the court where proceedings are first lodged has jurisdiction.
The rules can vary significantly depending on the countries involved, so it is critical to get expert advice to navigate this terrain. The country in which the divorce proceedings take place can significantly impact the outcome, especially regarding financial settlements and child custody.
To find out more about cross-border divorces and jurisdiction, you can visit our advice centre.
Are the Grounds for Divorce Different in Separate Countries?
Yes, grounds for divorce can vary widely from country to country. Some countries require a fault basis for divorce, such as adultery or abandonment, while others offer no-fault divorces, where irreconcilable differences or separation are sufficient.
Moreover, some countries have very specific requirements for divorce. For example, in the Philippines, divorce is generally not permitted, but annulments and legal separations are. In some Middle Eastern countries that follow Islamic law, men and women have very different rights when it comes to initiating a divorce.
Even the process and the duration can differ considerably. Some jurisdictions require legal separations or cooling-off periods before a divorce can be finalized, while others allow for more straightforward and quicker divorces.
Therefore, understanding the divorce laws of the relevant country is paramount. In many cases, international family law attorneys can provide valuable guidance in choosing the right jurisdiction for your divorce and navigating its specific requirements.
In conclusion, cross-border divorces are laden with complexities that require careful consideration and expert guidance. By understanding the factors that come into play, you can make more informed decisions and better navigate the legal maze that cross-border divorces often entail. It's a challenging journey, but with the right information, you can navigate successfully through cross-border divorce.
How Giambrone and Partners Can Help
Our international lawyers at Giambrone and Partner can help you navigate your cross-border divorce by gathering the necessary evidence you need and understanding the correct jurisdiction. We can communicate professionally with opposing parties, constructing arguments to benefit your case and even translating documents from a range of jurisdictions such as Spain, Italy and Portugal.
To find out more, or to book a consultation, get in touch with our lawyers today.
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