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Posts Tagged ‘overseas divorce’

Managing Child Custody Agreements and Economic Issues through Overseas Divorce

Monday, May 25th, 2009

If you’re seeking a military divorce or a divorce from a resident of another country, an overseas divorce can be a fast, easy and economical option.  Offshore divorces can enable you to divorce in a matter of days or weeks. These are legal divorces that involve minimal travel, and specialized businesses and attorneys can assist you in obtaining a stress-free offshore divorce.

Overseas divorces are a great solution if your divorce is by mutual consent. In most offshore divorces, you and your spouse will regain your status as single individuals quickly. You can then remarry, file taxes individually and start your own business in your own name. Economic issues and financial settlements and rulings on child custody however are not normally ruled on in an offshore divorce.

There are exceptions to this general rule, however, and it may be possible to settle financial and custody matters as part of your offshore divorce. Although many foreign courts decline to determine custody or to rule on the division of property for non-residents, some will under certain circumstances. As an American territory, Guam is one example of a country where you may be able to settle such matters, including circumstances where you, your divorcing spouse or your children are citizens of the United States.

It’s possible for a Post Nuptial Agreement detailing custody and economic settlements to be included in an overseas divorce. This may be appropriate in cases where you and your spouse agree to terms by mutual consent. Such an agreement incorporated into your divorce decree would be designed so that it would be recognized in the U.S.

Settling financial matters and custody issues as part of an overseas divorce will save you considerable time, expense and stress in comparison with dealing with local courts. However, if you and your spouse cannot reach an agreement about these issues, you can still obtain an overseas divorce that will restore you both to single status. Financial and custody settlements can then be addressed in local court systems.

If you’re wondering whether a Post Nuptial Agreement could enable you to settle child custody and economic issues as part of your divorce decree, you’ll need to do thorough research. You’ll need to access current, quality information on overseas divorce laws for various countries. It’s also wise to consult with an attorney specializing in overseas divorces to determine whether such an agreement will be valid in your country of residence.

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How Expatriates can Prepare for an Overseas International Divorce

Friday, May 22nd, 2009

If you’re living abroad and you and your spouse are eager to dissolve your marriage as quickly and easily as possible, an overseas divorce could be the ideal solution. Expatriates can avoid the hassles and expense involved in divorcing in their country of origin, country of residence, or another country where they’ve resided by filing in a foreign country with less complex divorce laws. Dominican Republic is one example of such a country.

The best way to get started with an overseas divorce is to find out all you need to know about the process. You’ll need to rely on a reputable source of up-to-date, quality information. Some of the important information you’ll need to know about includes facts and case law that will clarify whether or not an offshore divorce will be considered valid in your current country of residence.

You’ll also want to explore all of your options in terms of methods of obtaining a divorce overseas. Your choices in terms of countries that offer fast, easy and affordable divorce decrees is something else you’ll need to research.

Once you’ve done all the research, you’ll need to plan ahead to make the arrangements necessary for your overseas divorce. You’ll need to find a legitimate company to work with that relies on reputable lawyers. You’ll also need to gather some basic documents.

Typically, you’ll need to present a valid passport and your marriage certificate to obtain an overseas divorce. You’ll also need birth certificates for any children you and your spouse had during your marriage, and you’ll need to complete a basic information form.

The fastest and easiest overseas divorces involve consent by both parties in the marriage. If this is the type of divorce you’re seeking, you’ll need to supply proof of that consent, as well.

The costs associated with international overseas divorces vary, but in general expect to pay between $2,500 and $5,000. You’ll also need to pay for airline travel to the country where you plan to divorce. If you need to meet a short residency requirement, you’ll need to make arrangements for accommodations, as well. Companies that facilitate overseas divorces will often help their clients make travel and accommodation reservations.

Preparing for an overseas divorce isn’t difficult, and you can complete most of the process in a matter of days or weeks, depending on your circumstances. Although it’s easy, the planning process shouldn’t be overlooked. Preparation is crucial to ensuring your overseas international divorce proceeds as smoothly as possible.

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A Great Solution for International Couples Seeking Divorce

Thursday, May 14th, 2009

While foreign travel used to be exotic and uncommon for most people, today that has all changed. People are traveling throughout the world much more frequently today than in the past, and they are spending longer periods of time in different countries. One of the effects of so much international travel is a higher incidence of international marriages. Unfortunately, this has also led to an increased demand for international divorce.

Divorce is never easy for couples, and even in the best of circumstances, it can be a long, costly and complex undertaking. If you’re married to someone who lives in a foreign country, divorce can seem too challenging to even attempt. If you’re residing in a foreign country and your spouse resides in the United States for instance, the process could take years.

International divorce can seem like such a hassle and tremendous expensive, many international couples don’t even bother to file for a divorce. They live their lives married, but estranged from their spouses. The situation can go on and on, but sooner or later, you or your spouse is likely to want a legal divorce. It could be one of you wants to remarry, open up a business, or you simply grow tired of the hassles involved in filing taxes jointly, among other things.

Depending on the country where you reside, divorce in your country of residence could be even more of a hassle than it would be in the United States. Fortunately, there’s another option to consider. Overseas divorces in countries that process divorces quickly and efficiently are the best solution for many international couples.

Overseas divorces’ sole purpose is the legal restoration of married individuals to single status. Such divorces aren’t likely to involve rulings on child custody, economic claims or financial settlements.

Jurisdiction is very important in international divorce cases, and it’s important to determine whether or not your country of residence as well as your spouse’s will recognize an overseas divorce. In most countries, overseas divorce decrees are recognized as legal and valid, but this isn’t the case in all countries. Even within the same country, how states or provinces accept international divorce decrees can vary.

You can research information on the legality of different types of overseas divorces through quality publications available online. A good example is the VIP Express Divorce Kit. You can then speak to a company or law firm that specializes in overseas divorces for more information on your specific case.

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A Fast, Convenient Divorce Option for International Couples

Wednesday, May 13th, 2009

Nearly everyone has a friend, family member or associate who’s involved in a long-term relationship, but married to someone else. The couple you know might be living together and raising a family. One or both of them may still be married, even though they’ve been estranged from their spouses for years.

What once considered unthinkable has become commonplace today for a variety reasons. It isn’t that people have suddenly become immoral, or that they have no respect for the institution of marriage. In many cases, the married person or their spouse resides in another country. In other instances, the married couple can’t afford or doesn’t wish to spend the huge sum of money even an uncontested involves.

If you or someone you care about is involved in a situation such as this, you should know about an easy, affordable solution. You can obtain a divorce in a foreign country that is completely legal, but involves much less time, expense and hassle than a domestic divorce. This is an especially convenient option for people who live in a country other than their spouse’s.

Certain countries such as Haiti and the Dominican Republic offer fast and affordable international divorces. This can be a great alternative to relying on a local divorce lawyer and the court system in the United States. Divorces in the U.S., Canada and many European countries involve lengthy periods of time and high fees. In the U.S., you may have to wait as long as two years for your divorce to be processed, and this is true even in cases of mutual consent by both parties.

A lot can happen in two years’ time, which is why so many married individuals end up living with new partners in long-term relationships. Unfortunately, until they are divorced, these men and women cannot enjoy the legal benefits of marriage with their new partner. Issues surrounding health insurance, home ownership and taxes cannot be arranged and settled to the new couple’s best advantage. This can be especially inconvenient for those living overseas. In addition to financial savings, speed is one of the biggest reasons couples take advantage of overseas divorces.

Although overseas divorce can be the ideal solution for many couples, it’s important to thoroughly research the option before hiring an attorney or overseas divorce service. The specific details of every case should be evaluated to be sure a legal divorce that will be recognized in one’s country of residence is possible.

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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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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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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 – Useful Resources

Wednesday, April 29th, 2009

We are in the process of creating an International Divorce law links and information page. This would be a listing of resources about things like international divorce law articles, international divorce law texts and information, divorce in Ireland information, divorce in United Kingdom information links for British expats, and things like that. In the meantime, while we continue to build resources, here are a few to get started. We welcome comments. Please place your comment under this article by clicking on ‘Comments’ if you have another useful international divorce law resource.

If you are interested in purely international divorce and family law, check the International Divorce information at VIP Divorce.com where you can read about how you can obtain an almost instant offshore divorce from a sunny island in the Caribbean, a short flight from Miami, and how you can obtain recognition of your international divorce decree worldwide. All this information is available in plain English (no legalese) in a simple downloadable kit that you can obtain online right now.

The Divorce Source.com is an invaluable source of information on books, articles, and more on international divorce and family law.

For those from the United Kingdom we would recommend you check out Divorce UK.com
While our visitors from the USA should check out the site Divorce Net.com DivorceNet “offers a nationwide listing of divorce lawyers, mediators and financial professionals, state-specific divorce information, a family law library and an active online community.”
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