About International Divorce Law

International divorce law can be complicated because national divorce laws vary from one another. If the couple is from different countries, one country's divorce laws may have jurisdiction over the couple in regards to the division of property and custody of children.

Overview

International divorce law takes into consideration the laws of the countries of residence involved in the case. For example, a married couple may be from the United States and upon moving to a nation abroad, one spouse may decide to get a divorce. The laws of that new country must be considered during the dispute. If one spouse leaves the country with the children, this action could be considered kidnapping if the other spouse objects and complains to the authorities.

Issues

Many issues can arise when spouses from different countries or expatriates plan to divorce. In some countries, men receive preferential treatment in regards to the division of property. In others, women are given priority as caretakers and custodians of children. Verbal agreements regarding the division of property and custody of children may not be honored in some countries, causing problems for one or both spouses. 

Assistance

Navigating international divorce law can be challenging, especially if one or both spouses do not speak the local language. Skilled and experienced international divorce lawyers can help navigate the process by offering counsel, drafting documents and appearing in court proceedings. 

Solutions

International divorce lawyers suggest that expatriates take some precautions, particularly if they are in an unstable marriage before entering a new country. Putting verbal agreements in writing and consulting the authorities before leaving the country with the children are common recommendations.