International divorces are generally said to be more complicated than those of a normal divorce, mainly because the two jurisdictions come into contact. The first and among the most fundamental essential questions that need to be answered is which country’s laws will govern the divorce.
This is important because the legal procedures related to divorce, property, and child, as well as the maintenance rights can differ from one country to another. Thus, it is advisable to address these issues with the assistance of a Birmingham divorce lawyer specializing in international family law. Legal formalities and procedures of both the countries or states where the spouses live should be considered.
On what basis is jurisdiction given in cases of an international divorce?
In an international divorce, jurisdiction is defined as the right of the court of a given country to entertain the divorce case and make a decision. Jurisdiction mainly depends on things like; country of origin, country of citizenship, or state where the marriage occurred. In many cases, the jurisdiction that has been seen as most appropriate is the country in which partners have dwelled together after their marriage broke up.
This means that more than one country is likely to take jurisdiction and this becomes known as ‘forum shopping’ whereby one of the spouses will prefer the law of a particular country over the other. It is equally important to take note of the jurisdictional rules and standards of the countries that are involved in the case then one is to decide on which country to institute the divorce.
In What Ways do Differences in Divorce Laws Affect the Process?
Variations between one country to another in handling of divorce cases play an important role in determining the result of an international divorce. For instance some countries might allow or have loopholes when it comes to a division of properties and assets while others may be very rigid when it comes to custody of children. This may affect the duration that the divorce is likely to take as well as the provisions to be made especially on the issue of finance and children.
In this case it is advisable to retain the services of legal brains who are conversant with laws between the two states so as to deal with the matter with fairness and equity. This may include harmonizing strategies and expectations between the legal departments of two or more jurisdictions.
How does the issue of child custody and support work when two parents are from or live in different countries?
Specifically, child custody and support are again the most problematic issues in this case because they require the cooperation of several countries. It is essential to identify which country’s courts are competent to make the decision concerning custody and support.
Various conventions developed at the international level, for instance the Hague convention on the civil aspects of international child abduction offer procedures through which such cross-boundaries custody issues are addressed.
The guidelines that must be followed entail developing a parenting plan that should meet the best interests of the child while Full legal requisites of the two countries are met. Legal matters that involve the broken family require the services of lawyers who have professional knowledge in inter-country adoption.
Conclusion
The nature of addressing international divorce questions, and jurisdiction in particular, presupposes knowing legal systems and specifics of international family law. With regards to some of the important factors for consideration which include the aspect of jurisdiction, differences in divorce laws between the countries, child custody and support, it will become easier for the couple to go through the process of international divorce.