Divorce proceedings with an international dimension are common. They imply many specific questioning and answers vary greatly depending on the countries’legislations concerned. The use of an international lawyer specialized in international divorces and capable of intervening in foreign jurisdiction is particularly useful in order to face the complexity of problems raised.
International elements in a divorce : a complex situation
A divorce procedure constitutes a demanding situation in which many questions arise as well for the spouse who initiated the procedure as for the one who endures it : what will be the couple’s children destiny, the one of the family residence, the couple’s assets, etc.
The complexity of this situation may grow when encountering an international element.
Indeed, nowadays, there are many situations in which divorces present what we call an international element, which involves some legal aspects related to foreign countries.
It can mainly be :
- A marriage between two person of different citizenships,
- The setting of the family residence abroad,
- Spouses each residing in a different state,
- The move of one spouse abroad,
In such cases, new questionings are going to emerge :
- In front of which tribunal should I present my divorce application ?
- Will the judge apply the French or foreign law ?
- Which law is more interesting in regards of my situation ?
- May I move and go back to my home country without risks ? Can I take my children with me ?
- What happens if my spouse also initiated a divorce procedure abroad ?
- What does the foreign law specifies for divorces, parental authority, alimony or liquidation of spouses’ assets ?
- How can I make the divorce decision enforced abroad ?
The resort to a lawyer with a particular competence in international law is then necessary.
Your international lawyer helps you
Every lawyer in international law will first question himself on the competent tribunal (French or foreign) and the applicable law. These first questions are solved by several legislations and conventions, whether they are national, Europeans or internationals.
However, beyond this first approach, the lawyer in international law must adapt the demand or defense of his client to the exceptional situation he is encountering.
There are indeed some cases where the criteria defined by several texts cannot be applied mechanically. Here begins the true work of the international lawyer : trying to bring the judge to adjust the texts to the particular situation of his client.
Our competence in the field of international divorce
Our law firm is often approached for litigations related to international family law.
The experience acquired during the many years of practice in this area has allowed us to develop a renowned skill in the field of international divorces.
We are often lead to intervene in front of French as well as foreign jurisdictions, which provided the firm a good knowledge of foreign legal systems in the field of family law and allowed us to constitute an important network of correspondents abroad.
Contact Draï law firm
In order to ask for an appointment with your international lawyer in our firm in Paris, New York or Lyon, do not hesitate to fill out this form hereunder.
The firm will be in touch with you shortly.