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Archive for May, 2009

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International Divorce Case Studies

Tuesday, May 12th, 2009

It’s all very well reading dry legal advice in articles about international divorce law, but sometimes it’s much easier to understand the advantages and disadvantages by looking at real case studies. Today we will focus on a case, originally published on the VIP International Divorce Case Studies page, of a gentleman named David from England who married his Brazilian beauty after obtaining a quick and easy offshore divorce in the Caribbean.

David, was a British citizen who had already been living in Brazil for a number of years, attracted by the climate and the easy-going spirit and attitudes of Brazilian women. David had separated from his first wife in London for years, but had never got around the formalizing the separation with a divorce. Fortunately David and his ex wife were on good terms – but the time and expense of travelling half way around the world, arranging lawyers and court hearings meant that they had put off getting a legal divorce. It had always been something on the to-do list for tomorrow.

However, David wished to marry his partner, a Brazilian citizen, in Brazil. The main reason for this was not so much love (he was in love anyway and didn’t need to prove it with paperwork to anyone) but another international legal reason. It was necessary to obtain his permanent residence status in Brazil, which in turn would grant him many local privileges and amenities. But before he could get married, he would of course need formal documents to prove that he had legally divorced his former spouse.

Having read about offshore divorces in the Dominican Republic, David contacted one of the law firms recommended in The International Express Divorce Kit. He had his wife sign the appropriate papers at the Dominican consulate in London, a simple ten minute procedure, then he flew to Santo Domingo on a cheap and convenient flight via the Hub of the Americas in Panama. He took full advantage of the trip by spending a week relaxing and golfing in an all-inclusive hotel on one of the best beaches in the Caribbean.

The divorce decree was issued the following day, and within a couple of weeks it had been legalized and translated for use and recognition in Brazil. This was easily taken care of by the Dominican attorneys for no extra fee. Within 14 days of starting the process, David received his divorce decree by Fedex and was able to remarry legally as he desired.

So the story had a happy ending. Both David and his ex-wife in London were able to get on with their lives, with the international divorce paperwork sorted.

If you would like to know about how a similar international divorce structure could work for you, you’ll find all the details – who to contact, how to do it, even specimen forms and agreements to use in different languages – in the International Express Divorce Kit.

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Five Ways to Make the Most of an International Offshore Divorce

Sunday, May 10th, 2009

Are you planning on an offshore divorce to end your international marriage? If so, you’ll join millions of other couples who have opted for this fast, simple solution to an otherwise complex problem.

International couples face many more challenges when it comes to divorce than most people realize. Issues such as residency requirements, extensive travel and even conflicting time zones can make international divorce a nightmarish experience.

Deciding on an offshore divorce is a smart move for international couples, and there are options that can make your divorce even more beneficial. The following are 5 ways to make the most of the opportunity an offshore divorce presents:

1. Settle financial and child custody matters.

One of the biggest benefits of an offshore divorce is that you don’t have to be in agreement on financial settlements or child custody to regain single status. Yet if it’s at all possible, it’s to your advantage to settle custody and financial issues as part of your offshore divorce. This will eliminate the need to go through lengthy court battles in a jurisdiction that is local to you or your spouse.

2. Obtain mutual consent.

It’s possible to obtain a unilateral divorce in Haiti, but it’s not likely to be recognized by as many jurisdictions as a bilateral divorce will be. Mutual consent is the surest way to guarantee your divorce will be recognized in the locations where you and your spouse reside.

3. Arrange your divorce off-season.

In some cases, you can save a considerable amount of money on travel if you’re able to fly to the country where you’ll obtain your divorce off-season. Of course, this might not be appropriate if speed is your main concern.

4. Mix business with pleasure.

Many countries that are ideally suited for international divorce are also wonderful places to vacation. Since you’ll have to travel to appear in court, why not make the most of it and plan to enjoy a vacation?

5. Compare prices.

Most reputable law firms that specialize in offshore international divorces charge approximately the same price for comparable services. However, there are those that offer lower prices if you handle arranging airfare and accommodations yourself. Comparison shopping will also ensure you don’t overpay for your offshore divorce.

While for many couples, speed is the utmost concern in obtaining an offshore divorce, this isn’t the case for everyone. If you’re able to take the time to do some research and planning, you can use these 5 tips to make the most of an international offshore divorce.

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Legal Issues in International Divorce Law

Saturday, May 9th, 2009

In international divorce cases (where more than one country or jurisdiction is involved, usually due to residence and citizenship of the spouses) there can be disputes over which country handles the actual divorce court case. It can be really helpful in such cases, to avoid needless costs and stress, if the soon to be ex husband and wife can sit down like adults and decide which country they want to get divorced in.

Then they can choose a country where the divorce can be handled fast, efficiently and cheaply – allowing them to get this unpleasant process over as fast as possible, in order to pick up the pieces of their lives. In other words, better karma, and time to move on. There are a couple of Caribbean island nations that can fit the bill perfectly with their cheap, fast and internationally-recognized divorces favored by stars like Michael Jackson, Mariah Carey and Diana Ross. More on that in the International Express Divorce Kit.

Here are just some of the factors you should consider before filing for an international divorce under overseas family law statutes, according to Divorce Website DivorceAid.co.uk

  • Whether any court would recognise the marriage and have jurisdiction to deal with the divorce in any event.
  • All countries which have possible jurisdiction i.e. the connections with which you or your spouse have with other countries and their requirements (e.g. residence/domicile) to establish jurisdiction. Some countries e.g. USA and Switzerland have a federal basis so each State should be considered separately. Warning: the definition of domicile is very different from country to country. Also admitting domicile or residence can have tax or immigration/nationality consequences – so take that into account too!
  • The type and amount of financial Orders which are likely to be made in each jurisdiction and whether there are any especially significant matters e.g. some European countries take conduct materially into account. This will require telling the legal advisers the approximate financial circumstances of each of you.
  • The powers of the foreign Court to order and obtain disclosure. It is pointless going to a jurisdiction where you might obtain a better order (i.e. a higher percentage) if your spouse can hide assets from the court. Some jurisdictions have weak disclosure powers and are weak on effective enforcement.
  • Whether the order in the foreign Court can be enforced in the jurisdiction in which the assets are held. Otherwise it will be worthless. Can Orders freezing assets be obtained to preserve assets pending trial? Spouses with international connections are often particularly adept at shifting assets around the globe very quickly.
  • The likely children orders – submitting to a foreign jurisdiction for financial orders may give that Court power to make orders concerning the children which may be contrary to your wishes and may outweigh the financial benefit of proceedings in that jurisdiction.
  • Family law work involves personal decisions. Take account of the practicalities of the situation. Do you speak the language? Can you tolerate the inconvenience of travel and costs? Will there be more publicity abroad? You may get a better financial order abroad but prefer proceedings here.
  • The effect of any pre-marriage or similar marriage contract or separation agreementsWill the Decree of Divorce be recognised in any country in which you expect to live and/or remarry?
  • Existence and possibility of agreements about where the divorce should take place, and their enforceability.
  • Whether the foreign proceedings would be stopped or stayed by a court order and if, notwithstanding a foreign financial Order, your spouse could still apply for a financial order after an overseas divorce
  • Whether the court might transfer consideration of financial issues to another more suitable country even though the divorce was pronounced here.

All in all, you can see there are many factors that are not immediately obvious that you should nonetheless take into consideration when contemplating a foreign, overseas or international divorce. Nonetheless, most of these problems can be quickly, simply and cheaply avoided if only the spouses will sit at a table in a business-like manner and agree on an offshore mutual consent divorce. If no-one wants to dispute the divorce later, everybody should be happy.

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Divorce, Caribbean Style! (A Little History)

Wednesday, May 6th, 2009

Here’s an interesting historic article we found online from Time magazine, way back in 1971. It explains how Mexico put an end to the quickie divorce laws (a big business in seedy Juarez back in the sixties) and how Mexican lawyer Manuel Espinosa helped the Dominican Republic government launch their new offshore divorce program.

Since the Dominican foreign divorce law was passed in 1971 thousands of foreign citizens have taken advantage of the liberal fast divorce laws in the Dominican Republic and neighboring Haiti. Although Espinosa passed away a few years ago, his law firm in Santo Domingo is still in the divorce business today. The laws are still in place so you too can take advantage of a quickie express Offshore Divorce and you will find the relevant information and necessary forms in the International Express Divorce Kit that you can purchase online for just $27.

The eight Americans were greeted at Santo Domingo’s Las Americas Airport by a smiling host who guided them effortlessly through customs and on to the posh El Embajador Hotel for cocktails and a sumptuous dinner. Next morning the visitors were shuttled to the country’s thriving new tourist attraction: the Palace of Justice. By noontime they were divorced from their spouses back home. The cost: about $500 in legal expenses, plus air fare and the price of an overnight stay.

Since a liberalized divorce law went into effect in the Dominican Republic 2½ months ago, 220 Americans have participated in the brisk ritual… continue reading here

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Expatriates Should Consider Por Vapor Divorce

Wednesday, May 6th, 2009

If you’re an expatriate and you and your spouse are in mutual agreement about getting divorced, you may feel frustrated by the length of time this can take in the U.S. Depending on the US jurisdiction, you could have to wait as long as a year or even two to regain your status as a single individual. If you happen to be residing in certain foreign countries, the process could take even longer, as does the process for members of the military and armed forces.

Although your own or your spouse’s attorneys might not mention it, you do have another option for obtaining a divorce decree. Regardless of what country you reside in, you can obtain a speedy divorce in the Dominican Republic as long as you’re not a Dominican resident. This is a great solution for expatriates who don’t have the time or money to spend traveling to the U.S. to attend court hearings for months on end.

Legislation permitting a so-called 3-day divorce or por vapor divorce was passed into law in the Dominican Republic in 1971. Since then, law firms in the Dominican Republic have specialized in making por vapor divorces available to US and foreign citizens, including expatriates. It’s a very fast, easy and affordable option for couples who wish to divorce by mutual consent.
The beauty of a por vapor divorce is the ease with which it can be obtained. Only one spouse needs to travel to the Dominican Republic to appear before a judge. The other spouse simply needs to provide the visiting spouse with power of attorney. The divorce should be uncontested, and certain documents detailing the agreement need to be presented. The date with the judge must be set up ahead of time, as well. Following an audience with the judge, the agreement will be approved and the divorce is granted.

The entire cost of a por vapor divorce could involve a cost of as little as $4,500, including airfare and accommodations expenses. If you wish to stay longer than 3 days to enjoy spending time in the Caribbean, costs will of course be slightly higher.

If a por vapor divorce sounds ideal for your situation, take the time to do some legal research first. You can research information on your own regarding the legality of the divorce in your own jurisdiction. You should also seek the legal advice of a professional specializing in this type of divorce before making any arrangements to pursue obtaining a divorce in the Dominican Republic.

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International Divorce Law in Europe

Tuesday, May 5th, 2009

It’s very common these days for marriages to take place between citizens and residents of different countries within Europe. Unfortunately it’s equally common that such relationships end in separation and international divorce. And unfortunately the legal consequences can be very complicated too.

Are you and your future ex-spouse are considering a divorce in Europe? If so, quick action is necessary. As in most disputes, the best thing you can do is sit down and talk about it, to avoid mistakes that will end up costing you both a great deal of money, not to mention all the stress and time involved in complex international divorce and family law proceedings.

In Europe, you have a choice of countries in which to file divorce proceedings. The laws and court systems vary wildly, from very liberal to very conservative like Ireland. Therefore choosing the right country in which to file the papers is fundamental with cases involving another European country. You cannot simply change your mind later. You have to get it right first time.

This is because under a treaty known as Brussels II the country which first receives family law proceedings deals with them even though another country might have a closer connection.

Lawyers therefore advise that where another European country is involved, you should seek immediate specialist advice – perhaps even discussing the possibility of divorce with your future ex.

Once again, the Brussels II rule is: Between the member states of the European Union, it is simply on the basis of which country received the proceedings first.

Fortunately, there is another solution that lawyers won’t necessarily tell you about or even know about. It is an offshore mutual consent divorce. Mutual consent means that both parties agree to get divorced. It does not necessarily mean they both agree on the financial or family separation, child custody etc – though it’s certainly highly preferable that they do.

That means if you and your future ex are smart adults, you can save yourself not just a fortune in legal fees but you can also save yourselves both a huge amount of stress, simply by agreeing in advance on the country where you ant to get divorced. There’s nothing in law to say you have to get divorced in the same country you got married in. You can decide to get divorced in any country you have a connection with. And if you don’t have a connection, it is possible to make one!

In the International Express Divorce Kit you will find a lot of information and advice on this option that your lawyers may not tell you about – an offshore divorce from a sunny Caribbean island. Only one of you will need to travel there. With this option the entire process can be over within a matter of weeks, or only a few days in very urgent cases. And you will be in good company – this divorce option is named VIP Divorce because stars have chosen it for decades for quick, discreet divorces. This is how Michael Jackson, Mariah Carey, Marc Anthony, Diana Ross and many others decided to settle their international divorces. This same option is open to you.

All is explained in the downloadable kit that you can obtain almost instantly. For further details visit this link: VIPDivorce.com

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Saturday, May 2nd, 2009

International family or divorce law can be very complex or very simple – it all depends who you ask. The good news is that while the legal ramifications of disputes might drag on for years, there is a quick and easy way you can legally divorce ‘offshore’ that will allow you to pick up the pieces of your life and move on quickly. This allows you to proceed with new relationships, careers and moves – in other words to carry on with life in general – while details such as financial arrangements can be worked out at a later date.

We believe this international express divorce law option is the best way of getting the emotional trauma over fast.

International aspects of divorce law

Lots of folks contact us from all over the world. Today’s mobile professionals have connections with lots of nations around the world – but unfortunately they still have relationship problems. These relationships can cause interminable legal problems in international divorce cases.

Sometimes more than one country may claim jurisdiction, meaning that the couple may able to get divorced or have other family law proceedings take place there. This can cause confusion. One of the most fundamental aspects is in deciding in which country any family law proceedings should take place. It is not automatically better in any country, but for international families who are lucky enough to have this choice of jurisdiction, choosing the right forum requires urgent action and quick decisions.

Just because you were married overseas does not mean that the divorce has to take place there. Equally,  whether you got married in your home country in in a quickie ceremony in Vegas or Gretna Green, it may be advantageous to be divorced in another country with which there is a connection. If there is no connection, it may even be advantageous to create one. This way you can make the legal proceedings easier,simpler and therefore by definition cheaper!

International divorce law issues are often found to be requiring very different action and timetables from purely domestic family law cases. The law is very different.

Financial Provision in Mutual Consent International Divorces

Monetary considerations often vary enormously between different countries and states. It is therefore very important at the outset to talk to your spouse and see if you can reach an agreement. It is very much in the interest of both parties to sit down and work out a solution in a business-like manner. Remember if a lawyer tells you to “sue the b****** for all he or she is worth” the lawyer is probably only thinking about his own fees. International asset-grabbing cases and investigations can drag on for years and are unlikely to be successful. Apart from the legal fees, consider all the stress this may cause you. Is it really worth it?

On the contrary, if you and your spouse can draw up a written post-nuptial agreement you can go forum shopping for a great international divorce deal. This might sound complicated but really isn’t. What it means is this:

  1. Write down on a piece of paper how you agree to split your assets. You can also include child and pet custody in this agreement. This is a post nuptial agreement. You should both sign it. (We can even assist you with boilerplate templates of such agreements in various languages)
  2. You can get a fast-track international divorce from Dominican Republic. The judge will rubber stamp your post-nuptial agreement and incorporate it in the divorce decree which is then legally binding.
  3. You now have a legally valid divorce and can both get on with your lives.

By choosing the right forum – an international diovorce jurisdiction that will process your papers fast and efficiently – you will have saved yourselves a lot of time, money and stress. Plus… you can even get a Caribbean vacation thrown in! Would you rather spend your money on lawyers fees or on a Caribbean vacation?

What happens if you cannot reach an agreement with your spouse in your international divorce case?

Often, where there are two or more countries which could deal with matters regarding a family, one may be advantageous to one spouse and the other advantageous to the other spouse. Proceedings are then commenced by each spouse in each country and the courts have to decide which is the more appropriate country to deal with the case. Needless to say – only the lawyers benefit from this in the end!

One thing that lawyers often forget is how important it is to balance speed and tactical, financial advantages against wider impact on you, your family and the rest of case. Money is not the only thing that matters, after all. The longer and more complicated the dispute is, the more emotional and distressing it is to the family members, with intense feelings all around. So try to fix things fast with an easy, quick, stress free mutual consent divorce combined with a dream Caribbean vacation!

If you are interested in learning about speedy mutual consent divorces on the Caribbean island of Hispaniola (Dominican Republic) then please surf over to VIPDivorce.com

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