The Difficulties of International Divorce

International divorces can be difficult. If you are going through a divorce and living in a different country to your partner there are many complexities.

The Practicalities

Being in different countries will make all issues around the divorce that little more complex. For example, papers being delivered to another country will be more difficult to deliver, more expensive, and will take longer. The same issues will apply where any agreements have to be signed and sent internationally. It is likely that the divorce will involve one of the parties having to regularly travel to the country where the divorce is taking place, which means travel costs and issues over how this is paid for.

Which Country?

One of the problems of divorcing spouses living in different countries is deciding where the divorce will take place. The divorce must take place in one country, and family law is different in each country, sometimes very different. Both parties may wish for the divorce to take place in their own country or the country where the laws are more likely to be in their favour.

The Law

For the person not living in the country where the divorce is taking place there may be the issue of not being able to easily understand the law. Although someone going through a divorce (assuming they haven’t been through one before) won’t know everything there is to know about family law in their own country, they may know the fundamentals of how things work. This may not be the case in another country.

Language

The language could be another complication. Understand the laws may be complicated enough but if one party doesn’t understand the language it makes it even tougher. There is the possibility of using a translator of course, but it may still not be as comfortable as when everything is in your own language.

The Aftermath of the Divorce

If the former couple have children together it can be extremely complex. It will certainly not be as simple as one parent having the kids for the weekend. It is likely that the children will live with one parent most of the time while visiting the other during the holidays (or vice versa, with the parent visiting the children). This can make it even more difficult than normal for the parent who does not have custody of the children.

How about Moving after a Divorce?

It is not only if a divorce is taking place internationally that is a potential problem, but when the divorce has taken place in both parties’ home country but one wishes to move abroad at a later date. If there are no children involved this is not an issue, each person can do as they please. For obvious reasons this is much more complex where there are children. If you have custody and want to move with the children you will need your former partner’s permission. If they don’t want you to move the children to another country, you can’t. So, it may be bad news if you are in this position, but it does mean you are protected if things are the other way round. You can prevent you former husband or wife from taking your children to another country.

Andrew Marshall (c)

International Divorce can be very complicated. Charles Russell are International Divorce Solicitors who can assist you if you are involved in an International Divorce of any kinds.