Over 8.7 million Americans live abroad today. Some move overseas for career opportunities, while others follow love. No matter the reason, separation becomes far more complicated when you live outside your home country. Whether you’re abroad and want to move home, or in the U.S. and considering a move after separation, these tips will help smooth the process.
Divorce Considerations
If you’re married, weigh your divorce options carefully before making big moves.
Prenuptial agreements signed in the U.S. may not hold up in other countries. For example, English courts do not recognize prenups at all, so they decide property division themselves.
If you own property in the U.S., keep it. Doing so signals your intent to remain domiciled in America and allows American courts to claim jurisdiction over your divorce.
What About Children?
Separation is even more complex with kids involved. You must respect both their rights and your partner’s rights. Simply taking the children abroad or back to the U.S. can create legal trouble.
Custody rules often depend on where the children were born. If they were born abroad, the Hague Convention usually applies, treating their country of birth as their habitual residence. Leaving without consent may trigger international kidnapping charges.
Expecting a baby? Decide now where you want the child born. The same custody and kidnapping rules apply if the baby arrives abroad and you move without the other parent’s permission.
Hiring an Attorney
The most critical step is hiring an attorney who specializes in international family law. A skilled lawyer can help you create a safe, legal exit strategy. Following their advice reduces the risk of mistakes and improves your chances of reaching an amicable outcome.
Are You Interested in More Separation Tips for Expats?
Separating from your partner is never an easy thing to do. While no separation or divorce is completely seamless, if you follow these separation tips and tricks for expats, then you’ll fare far better in the separation process. Above all, be sure to contact an attorney who specializes in international family law for the best outcome.
Do you need help with your international separation or divorce? Boyer Law Firm is here to help you. Contact us today to discuss your options.
