A divorce between two people from different countries can result in unique legal problems. There are certain legal aspects involving child custody, marital asset division, alimony, and child support that need to be carefully analyzed in an international divorce even when the divorce process is amicable.
It can be difficult to navigate the complexities of international divorce unless you have a proven Alabama divorce attorney guiding you every step of the way.
Challenges You may Face in an International Divorce
International divorces often create unique issues. These divorces take place if either spouse belongs to another country, owns property overseas, the marriage did not take place in the United States, or there are foreign laws or treaties that may affect parental rights.
Common challenges faced during international divorces are:
- Jurisdiction issues: You need to make sure the court has the authority to hear the divorce case and the power to bind the people involved in the matter with its ruling. Different countries have different criteria for determining jurisdiction over divorce matters and couples. Further, more than one court may have jurisdiction over your divorce. This can result in a race between spouses to file divorce papers at a venue they consider to be more desirable.
- Choice of law: In certain cases, a court may have jurisdiction over the case, but be bound to apply the laws of another country. For instance, divorce petitions filed in the European Union require the courts to take a cooperative approach. They use the laws of the country where the couple last resided together.
- Asset division: There is a lot of difference in the manner in which laws of different jurisdictions regard the division of marital property. Alabama takes an equitable distribution approach. Stemming from this, another country may have special rules regarding property ownership. An Alabama court may order the division of assets equitably, but it may be difficult to have it enforced in another country because of tax laws and methods of valuation. In addition, certain countries, like the United Kingdom don’t recognize prenuptial agreements. Any property covered by a prenup may not be exempt from division.
- Child custody: Child custody and visitation only add another layer of complexity. Hague Convention may apply if you take a child across borders in violation of the Alabama time-sharing order. This treaty requires the child to be returned to the US as long as the other country is also a signatory. Parental rights are protected by several US laws as well, such as the Uniform Child Custody and Jurisdiction Act.
International divorce can be a complex mix of different jurisdictions, courts, and laws. You should have an experienced international family law attorney fully analyze your claim and recommend the best course of action for your particular situation. You should ensure the law firm has adequate resources to take the necessary steps for enforcing your legal rights both at home and overseas.
Laws Governing International Divorces
The international community has been trying since the 70s to ease the process to validate divorce and enforce court orders in regard to child custody, property division, and child support across borders. Over 75 countries are now members of the Hague Conference on Private International Law.
The law includes several divorce-related conventions, such as:
- Convention on the Recognition of Divorces and Legal Separations
- Convention on the International Recovery of Child Support and Other Forms of Family Maintenance
- Convention on the Law Applicable to Matrimonial Property Regimes
- Convention on the Civil Aspects of International Child Abduction
It is important to note that not all countries have ratified all of the abovementioned conventions. However, these may be held applicable in certain circumstances. The Hague Convention of the Civil Aspects of International Child Abduction is immensely useful in cases where a parent moves a child to another country without the other parent’s approval.
Determining Jurisdiction in an International Divorce
More than one country can have jurisdiction in some cases. However, different divorce protocols and laws followed by different countries can only make the process difficult. It is important that you discuss your situation with an experienced international family law attorney. Your attorney will consider all applicable jurisdictions and identify the one which is most appropriate for your situation.
The final outcome of your case depends strongly on selecting the right jurisdiction. Many people find that laws in the United States allow them to obtain a fair resolution while for others laws in another country may prove to be more advantageous.
It’s critical to consult with an attorney without delay if multiple jurisdictions apply to your situation. The party filing divorce papers first will determine the court that oversees the divorce proceedings.
Get Legal Assistance from Our Capable and Resourceful International Divorce Lawyers
The international family law attorneys at the Smith Law Firm are here to help you if you are considering filing an international divorce and have specific questions regarding the best way to handle it. We have extensive experience handling complex divorce matters and can recommend the best course of legal action after examining your particular situation from various aspects.
To set up your free initial consultation, call us at 334-377-1674 or contact us online.