International Divorce Laws
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The new era has been marked with a rising exchange of technologies and ideas. With the spread of technology, the mobilization of people has become easy and frequent. Therefore, the marriages between the people from different nationalities have become very common. Problem arises when such relationships do not work and they opt for a divorce. Due to increasing number of such circumstances, the International Divorce Law has gained importance.
International Divorce Law regarding jurisdiction
The lawyer hired for a particular divorce case must be acquainted with the jurisdiction rights of various states. Then, the laws applied by the courts are to be considered. In some nations, the nationality and citizenship of the divorcing partners is considered. In other countries, the residence of the partners is emphasized. It is necessary to fulfill the obligations related to residency conditions before registering a divorce case in that particular country.
It is observed that in some cases, proper justice cannot be done with the divorce proceedings in one court. . For example, one court may have the rights to grant a divorce, but may not be able to resolve the financial issues. Different nations have different views regarding whether gifts exchanged between the husband and the wife should be regarded as separate or marital property, whether enhanced earning capacity can be regarded as a marital asset and several other issues.
Some lawyers are busy in forum-shopping and in this process they come across a jurisdiction that is seemingly favorable to the client. In such a case, they enquire the clients about any previous marital litigation, membership in clubs or organizations, bank accounts, prior employment, past location of marital residences, any other real property etc so that they can acquire that court jurisdiction.
While contemplating on a proper forum, some other issues to be discussed are as follows.
International Divorce Law for children affected by divorce
Child Custody is an issue that must be carefully observed. It is a fact that some nations favor mothers while others safeguard the rights of the fathers. In the eyes of the foreign court, religion of the parents might be given importance. Sometimes, if one parent is more religious than the other, this might be of some assistance. The lawyer of the case must find out which type of evidence is enough to advance a parent's case to acquire child custody and resolved disputes pertaining the issue.
The Child Support guidelines that are developed by the courts in the United States are followed in some other nations like Japan. It may happen that the guidelines of a specific nation might treat the client unfairly or favor the position of the client. The divorcing parent must know that in a specific nation, if there are no guidelines, it would be difficult to know the procedures related to child custody.
Like child custody and child support, child visitation is governed differently in all countries. Some countries may approve the grandparents to contribute into the development of the child, while some may give only visitation rights to them. The partner who is a non-custodial parent of the child, may have visitation rights in most of the countries. But, rules and regulations for the same will differ according to the country.
The economical front: International Divorce Laws regarding spousal support and property distribution
Some of the divorcing partners might have businesses in more than one nation. The lawyer of such a person should have knowledge regarding how the "Value of a Business " is determined in different nations. While doing valuations, business evaluators depend on discount rates. However, the discount rate alters to a great degree from one country to another and specifically in underdeveloped nations.
From the viewpoint of valuation, there are distinct problems in overseas businesses. There are problems like political instability, dearth of legal protection for investors, union agreements and currency instabilities. Therefore, utmost care is to be taken in the matter of valuation of property. Valuation is necessary to decide the spousal support and property division, as both these issues are related to debts and necessities with respective incomes of both partners.
In this way, the procedure for international divorces has to be followed. There is no such specific international divorce law that will govern the process. But, the divorce cases will be operated by different laws depending on the case. The spouses opting for an international divorce must specify their requirements and details to the lawyer clearly. This will help in the better implementation of international divorce laws.
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