Divorce Abroad
You want to know whether you can - or should - get a divorce in a foreign country? There is no simple answer to this question.
To be in a position to evaluate the positive and negative aspects of a divorce, requires that we know what are the questions are to ask to a legal aid counsellor.
Some spouses just want to “walk away” from a dead-end marriage, without considering the important issues (financial and otherwise) yet to be resolved.
Due to cultural differences the approach to divorce can be very different but the basics to cover should be:
- Child custody
- Child support
- Alimony
- Geographical living constraints
- Property division
- Pension division
- Assets division
Can I get divorced where I am living?
You must to be aware of th residency requirements in the country you wish to file for divorce. Some countries issue divorce papers that might not be recognised by your home country.
- Is your divorce abroad valid for your own home country?
- Do we both have to be residing in the country I file for divorce?
- Can I divorce in a country where neither of us is a resident? It is not advisable as there are grounds to void it later on.
- What benefits do you lose when divorced?
- What benefits do you acquire when divorced?
- Is the divorce agreement including child support and/or alimony enforceable by your own home country?
Custody/Visitation
- Will the children remain with the parent who has custody till they’re all 18 and never go outside the country with the other parent?
- How protected are you regarding the return of the children in case they go overseas to visit yor ex-spouse?
Child Support
The amount set for child support follows the guidelines each country has, therefore if you are planning to move out of that country be sure to factor in the change of your circumstances financially with respect to the country you will be moving to.
Will the award be enforceable when the ex-spouse moves back home or when you move out of the country?