International Divorce Laws

Now a day, it has become very common to marry a person having different nationality than you. Problem arises when such relationships do not work and they need divorce. Due to such circumstances, the International Divorce Law has gained importance.

International Divorce Law regarding jurisdiction

The lawyer hired for a particular divorce case must first find out which courts have jurisdiction over the case. 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 observed that in some cases, the divorce itself is divisible. 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 regarding 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 give that court jurisdiction.

While contemplating regarding a proper forum, some other issues to be discussed are as follows.

• Inheritances
• Retirement benefits or pensions
• Closely held businesses
• Prenuptial or postnuptial agreements

International Divorce Law regarding 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 what evidence is demanded to advance a parent’s case regarding child custody disputes.

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 determine that in a specific nation, if there are no guidelines, then what procedure is observed while deciding child support.

The economical front

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.

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