International Marriage and Divorce
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Consider that a couple undergoing divorce has agreed on all issues and have applied for a local divorce procedure. There is a possibility that the judge can make amendments to the agreement between the spouses. Thus, the couple hands over the control of the divorce to the judge. In an International divorce, the couple can control the divorce instead of permitting the court to do so.
Characteristics of International Marriage and Divorce
- The nations that have a provision for international divorces permit the couples to reach an agreement regarding the various issues involved in the divorce. The courts do not interfere in this agreement and simply sanction the decision of the spouses
- There is no need of any lengthy separation period prior to the grant of the divorce
- The overall cost of such a divorce is less as compared to a local divorce
- There is no need to hire a lawyer for filing an international divorce. However, it is advisable to hire one
- If the partners seeking divorce are residing in different parts of the world, only one individual has to travel to the court. The court appearance is over within 5 to 10 minutes
- The privacy of the couple seeking divorce is protected in an international divorce. In this type of divorce, the divorce documents are not forwarded to different financial institutions and banks automatically
Planning of International Marriage and Divorce
- Bad behavior: In some jurisdictions like Korea, adultery is punishable by law and along with an financial allowance to the innocent spouse. In other jurisdictions like California, the issue of bad behavior need not be propped up and a divorce is granted for mere incompatibility
- In several British Commonwealth nations, the prenuptial agreement is not acknowledged as binding. Different jurisdictions have varying rules regarding whether this agreement can be restricted or invalidated, the burden of evidence regarding validity of this agreement and other crucial issues regarding application of this agreement
- The assets that have been received by a spouse as a gift may or may not be divided, depending on the statute of the particular jurisdiction
- In Netherlands, the assets that a spouse receives as inheritance are distributed during the divorce. Several other jurisdictions have laws that contradict this dictum
- Assume that a spouse has placed some assets in trust. In Colorado, this trust is busted, while in Japan it is not
- Some jurisdictions like England permit and encourage the courts to distribute the premarital assets of the spouse initiating divorce. This practice is not followed in New York
Position of children in International Divorce
The spouses seeking divorce must find information regarding the following points concerning children as different jurisdictions adhere to different conducts.
- Whether it is possible to take children overseas or is this prohibited?
- Is there freedom to relocate or is there limited relocation?
- Is there a religious bias or is the court impartial?
- Whether there exists a national bias or is the process objective?
- Existence of male dominated or female dominated approach
- Does the non custodial parent get minimal visitation rights or liberal visitation rights?
- Outlook regarding sole custody and joint custody