International divorces – How do they work?
Laws relating to divorce and family matters vary from country to country. Not many couples living abroad or were married overseas are familiar with the process of legal separation. If your situation involves two or more countries
- Figure out which country you should start your divorce and dissolution proceedings
- Work out which country is the best one to apply for a divorce regarding the outcome
About International Divorces
Overseas divorce means applying for divorce in a country other than where you are living and where your permanent home is. The couple can not simply pick and choose the country that they think would be the best for getting a divorce.
You can apply for divorce in another country in the following circumstances
The marriage is legally recognized in the country
You can apply for the divorce in a country where the marriage is legally recognized or the marriage took place overseas. For instance, a same-sex couple can not get a divorce in a country where same-sex marriage is illegal even if the person has a connection in that country.
The ex-partner has a connection with the country
The applicant must prove that their ex-partner has a connection with the country in which they are applying for a divorce. The court only has the legal power to start divorce proceedings if the connection is proved. However, different countries have different rules regarding international divorce, therefore, it is best to seek legal advice.
To prove a connection, the person should be a national, habitually resident, or domiciled in that country.
Nationality
If the person has a ‘nationality’, it gives them the official right to be a member of a nation-state. Anyone can apply for divorce in a country where they acquired nationality by birth, the nationality of parents, adoption, or marriage.
Habitual Residence
It means that you live somewhere regularly due to employment, business, or other reasons. The evidence to prove that you are a habitual resident varies from one country to another. Prove habitual residence by showing your plan to stay here for a while, accommodation, registered car, mailing address, financial arrangements, and more.
Domicile
Every country has different rules regarding what ‘domicile’ means, for instance, it means where your permanent home is in England and Wales. The country where you are ‘domiciled’ can be the country of origin or where you moved to and made a permanent home.
Where should you divorce?
The court of the country in which the divorce takes place will also decide the financial obligations. Each country follows a different approach to financial settlement on divorce. Therefore, it is best to seek legal advice to decide which country will best suit your desired financial outcome.
