Experienced Lawyers Assisting Divorcing Couples Around the World
Many reasons exist why a divorce may have international implications. In most cases, foreign assets or family ties to another country prompt one spouse to try to initiate separation or divorce proceedings away from the place of ordinary residency.
Unpleasant Scenarios
This strategy is not uncommon. Even if the initiation of foreign proceedings may ultimately not stand the test of time under applicable laws, it is nonetheless a promising strategy to complicate, sabotage, and internationalize a matrimonial dispute among spouses. In fact, the energy and resources needed to counter such a strike can be so overwhelming that, absent better advice from competent legal counsel, unfavorable settlement terms may be accepted.
Strategies
There are three ways to avoid this from happening.
First, the parties can determine the proper forum in the regrettable case of future divorce in a prenuptial agreement. Especially if ties to multiple countries exist during a marriage, a prenuptial agreement can be a great tool to simplify and organize the breakup and the dissolution of the marriage.
Second, the spouses can enter a post-nuptial agreement that consensually establishes the applicable law and exclusive jurisdiction. Post-nuptial agreements have the same legal effect as prenuptial agreements with the main difference that post-nups are signed after entrance of marriage.
Third, if no agreement exists or if one spouse acts in contradiction to its terms, the applicable law and the proper venue must be established by courts. Because the place of litigation influences so many factors (language, the procedure, the length of the case, the expected fees, court rules, (judge v. jury), battles over the proper venue must be taken very serious.
You need an international divorce lawyer to help you. When it comes to jurisdictional battles, the Oberheiden, P.C. is very well positioned to achieve optimal results for our clients. We have an arsenal of techniques and a long track record of successful outcomes for our clients.
Experience
The laws regulating international divorce can be complex, varying from country to country and create a range of legal issues that can make reaching a successful divorce agreement difficult. We have the international experience and worldwide connections to provide our clients with winning advice and strong, effective representation.
If you are facing a divorce involving a spouse from another region of the world, contact us today. Let our experienced international divorce attorneys help you sort through the issues and fight for you in international courts.