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Expatriate Divorce: preliminary considerations |
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The decision to proceed with a divorce and the division of matrimonial assets is a daunting prospect for most people. Whilst it need not be made more complicated for Expatriates, there are a few considerations to bare in mind.
Jurisdiction – where can I/should I get divorced?
Given the global nature of relationships, work and travel today, it is commonplace for expats to have complicated nationalities and domicile. You may live in country A, but you were born in country B, your assets are in country C and you were married in country D. This is before we even consider the mirrored situation of your spouse.
Many expats will identify with the above and it results in the availability of several jurisdictions for divorce, each of which producing different outcomes for your future. It is vital to seek the advice of an international family lawyer to help you weigh up the pros and cons of divorce in different countries. You may choose to divorce in the courts of your home country, or you may find it more favourable to divorce in the country in which you live now. The divorce outcome in one jurisdiction can vary significantly from another. For example, did you know:
1. In Dubai, an expat husband cannot claim spousal maintenance from a wife, but in England he can.
2. In Singapore, inherited or pre-acquired assets are generally not included within the asset split during an expat divorce.
3. In Qatar, an expat wife may not claim for a share of her husband’s pension or investments on divorce.
4. In Kenya, divorce can take as long as 15 years to conclude.
Coined the ‘global capital for divorce’, the Courts of England and Wales are well used to disputes with an international element, resulting in what many would say are generous financial settlements for wives. Expatriate Law can guide you through the best way to proceed should you or your spouse have links to England and Wales. We work closely with lawyers in other jurisdictions, when a divorce in England will not lead to the most favourable outcome for a client.
Moving again after divorce – what happens now?
Your concerns are likely to be threefold: first, will your divorce be recognised in the rest of the world? Second, how can you ensure your any agreement or order made is enforceable through the laws of another country? Third, what about your children, are you able to move away from the other parent with your children after divorce?
Dealing with the first concern, there are many complex international treaties and reciprocal agreements (mutual agreement between countries to recognise and enforce agreements) to ensure that families can hold their partner to the agreement or an order made in the jurisdiction that hosted their divorce. The EU maintenance regulation (Council Regulation (EC) No 4/2009), assists and streamlines the procedure for enforcement within the EU, but for enforcement in countries outside the EU it is advisable again to seek advice from local lawyers or from a resource such as ‘Reciprocal Enforcement of Maintenance Orders unit’.
As for divorce, before making a decision as to whether you should issue divorce in one country, or defend a petition, it is recommended that you consult advice to ensure that your divorce is widely accepted and recognisable. For example, France has previously not recognised divorced carried out in the UAE.
Finally, it is generally the case that leaving the country to live away from the other parent without permission will amount to abduction. Thus, unless you seek explicit agreement from the other parent, you will need to apply to the Court for a permission to leave. In short – expat divorce doesn’t have to be difficult or acrimonious, but taking stock and seeking advice is strongly encouraged given the scope for error.
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