International family law is governed by a wide body of international laws and treaties, including Hague Conventions. Knowledge and experience in these matters counts. Boyer Law has successfully navigated many complex cases involving international family matters such as international divorce, child custody cases, child abduction, and foreign child support enforcement. The Boyer Law team holds unparalleled experience in international law at the local Florida level. Founding attorney Francis M. Boyer holds the distinction of Board Certified Specialist (BCS) in International Law; one of only a handful of attorneys nationwide to currently hold this credential.

Our team can leverage our global capabilities at the local level in Florida to bring about the best results for our clients with interests in the Sunshine State and abroad. With an effective cross-border, collaborative legal network in place, our team handles cases across the Americas, Africa, and Europe. From the U.S. and Canada, to Brazil and Columbia, Dubai, France, and beyond, we have the global resources to fight to protect our clients’ best interests.

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International Marriage

Our world is more globally connected than ever, with immmigration and immigration specifically for marriage on the rise. In fact, the U.S. Department of Homeland Security reports that transnational marriages, that is, marriages between U.S. citizens and foreign nationals, increased some 500% over the last few decades.

With this dramatic increase, international family law attorneys need to be well-versed in all aspects of all the intricacies of transnational marriage cases.

Proper Documentation of Destination Weddings: U.S. Citizens Getting Married Abroad

Many U.S. citizens as well as permanent residents get married in exotic places abroad. But there are not always aware that to be legally married there, they need to satisfy the host country legal requirements to get married.

Most of countries will request from the non-local fiancé an Affidavit of Eligibility to Marry to ensure for example that the foreign fiancé is not already married or has reached the legal age to get married in his own country.

Contact our firm to check on the requirements of the country where you intent do get married and obtain and an Affidavit of Eligibility to Marry and have your marriage authenticated by the U.S. authorities afterward.

Transnational Marriage Considerations for US Citizens

Marriages between U.S. citizens and foreign-born individuals involve several layers of complexity with considerations like different legal jurisdictions, immigration implications, and even spousal support requirements between different countries.

If a U.S. citizen marries a foreign national and then sponsors their spouse immigrating to the U.S. based on their marriage, then the U.S. citizen is, in effect, binding themselves financially to the U.S. government for a period of 10 years for any financial assistance they receive in the process.

There are protections available for these situations, such as prenuptial agreements; however, keep in mind wherever the couple is residing is the applicable jurisdiction for any legal proceedings. The team at Boyer Law can help outline all the different factors at play in situations like these so couples can enter the marriage with all the information needed to make the best decision for their situation.

Cross-Border Marriage Considerations for Permanent Residents (Green Card Holders)

When you are engaged to a lawful permanent resident, i.e. a green card holder, but you currently don’t live in the U.S., the options for entrance into the U.S. to be with your fiancé(e) are somewhat limited. This is due to there currently being no fiancé(e) visas (K-1s) available for foreign nationals wishing to marry green card holders. K-1 visas are only for foreign nationals coming into the U.S. to marry a U.S. citizen and have their own set of rules and limitations.

With that said, there are still options that our attorneys can help you navigate to gain lawful entry into the U.S. The three best options available for foreign nationals to get into the U.S. to join their fiancé(e) including:

  1. Getting married first and then beginning the entry process as spouses. This involves the permanent resident petitioning the U.S. Citizenship and Immigration Services under Form I-130.
  2. Waiting until the permanent resident becomes a U.S. citizen and then applying for a K-1 visa.
  3. Traveling to the U.S. on a tourist visa, getting married, and then applying for the same form outlined in option one.

These options can require a skilled international family law attorney’s guidance to achieve the quickest results possible. Our team is incredibly skilled at helping international couples legally enter and reside in the U.S. according to their wishes. Schedule a consultation to learn more.

Marital Contracts for International Couples

A truly important consideration to matrimonial regimes i.e., systems of property ownership between spouses, can differ drastically between countries. An experienced international family law attorney can help you create a carefully drafted marital contract that firmly addresses items such as property division, premarital property exemptions, family business protection, estate inheritance for children born of a previous marriage, and other important considerations.

Deciding what property is included in the estate and how and by whom it is managed are important aspects of marriage contracts for international couples. Our team helps to make sure our clients interests are protected and preserved in ways that avoid ambiguity.

Creating a Prenuptial Agreement with a Foreign Fiancé(e)

Prenuptial agreements can help protect international couples who reside in different countries and especially for those who have international business interests. It’s important to note that prenuptial agreements should be created in the jurisdiction where the couple plans on living as there can be major differences between different countries with how property is divided if a divorce occurs.

Prenuptial agreements help to simplify an international divorce but should always be handled by an experienced international family law attorney to ensure your best interests are protected.

Enforcement of Foreign Marital Contracts in Florida

Enforcing foreign marital contracts in Florida takes knowledge of Florida Statutes and how they relate to the international laws governing the documents and the individuals. Leveraging the enforceability of the marital contract, Boyer Law helps our clients with a range of international marital matters such as foreign prenuptial agreements and other marital affairs.

Various forms of contracts executed outside the state of Florida can be enforceable in Florida courts when certain conditions are met. Our team knows what to look for and is experienced with how Florida courts progress these types of cases. We use this knowledge to seek the best possible outcome for our clients.

Filing an International Divorce in Florida

No matter how a divorce is filed, there are bound to be many unique factors to overcome. Adding in a level of complexity is when one or both parties are married in a foreign country, are currently residing in different countries, relocation of children is necessary, and any number of other possibilities.

Founding Attorney Francis Boyer has many years of experience specifically in international divorce cases and helping clients through what’s already a difficult time. As a leading international divorce attorney in Florida, Mr. Boyer balances all of the variables at play to help seek the most amenable resolution possible.

Of the many different issues that can come up during an international divorce, our attorneys handle matters related to:

  • Determining between different international jurisdictions at play.
  • Immigration status
  • Divorcing a spouse that has already left the country
  • Matrimonial regime
  • Determining how matrimonial property will be divided, especially when spouses live in different states/countries.
  • Validation of a foreign divorce.
  • Relocating children internationally and international child custody matters.
  • Enforcement of custody cases, marital property division, alimony, etc. abroad.
  • Child support and alimony
  • Specialized considerations like enforcing a prenuptial agreement

Having a keen interest in helping our clients through international divorce cases takes an entire team of experienced professionals. At Boyer Law, all of our resources are put into gear to seek the best resolution possible for our clients through even the most difficult international divorce matters.

Child Custody Cases with International Factors

International child custody cases take careful consideration of the Statutes of the State of Florida, Federal laws on family issues, which are often binding with the Florida state court system, as well as multilateral treaties such as those in Hague Conventions. All of these are needed to protect the best interests of the children involved.

When preparing each case, our team has to know how to best utilize the laws on the books to get the best results possible for our clients. This takes thoughtful application of State and Federal legislation like:

As an international family law attorney, we also utilize the protection of international law to bring about a positive outcome. For example, with international child abduction cases, Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction may be applicable. This international treaty was enacted to help bring about the safe and prompt return of children that have been wrongfully relocated.

Enforcing a Foreign Child Support or Alimony Award in Florida

In the State of Florida, parents or guardians will need an actual court order that serves to establish child support responsibilities. Often, this action accompanies marriage dissolutions. Judges take many different factors into consideration when determining support amounts and are required to operate in the best interest of the children involved.

  • When the court order for child support is executed, any delinquencies in following this can be brought up with the court by the parent with custody.

With foreign child support or alimony enforcement, our legal team works under the prevailing Hague Convention and host-country legal system, as well as the Florida Courts, in order to seek restitution for our clients. A process known as domestication of a foreign judgement is allowed when the defendant lives or owns property in Florida.

There are a great many tools at our team’s disposal under the law that allows us to hold parties accountable for their spousal support obligations. These may include wage garnishment, passport restrictions, professional license suspensions, and other remedies.

Registration of a U.S. Citizen Born Abroad

When a child is born abroad, the simple fact that his parents, or at least one of them, is American, is not enough for him to acquire U.S. citizenship. His/her parents must prove his citizenship eligibility.

Boyer Law Firm, P.L. can assist the new parents to apply for a Consular Report of Birth Abroad of a Citizen of the United States

Even when businesses are not family-owned and operated, there are still a great many coinciding areas of influence between international business cases and family law. Our international law attorneys are skilled in many different aspects of how these paths intercede such as:

  • Immigration: adjustment of status, K1 Fiancé(e) Visa, Permanent Resident application for spouse of US Citizen, work permits associated with family-based green card applications.
  • Estate planning and probate for non-residents: last wills and testaments, estate tax planning, trusts, power of attorney (POA), charitable plan giving, and other legal documents concerning estate planning can be complicated when the deceased is a non-resident. With specific experience in international estate planning, our team helps administer the estate by the most judicious means possible for our clients.

No matter how your international law matter coincides with family law, our team has the skills and experience to navigate both personal and professional legal matters simultaneously.

Get the Help Your International Family Law Case Deserves

The entire team at Boyer Law is dedicated to one thing—being there to help our clients navigate the legal process in the most advantageous way possible. Our experience in international family law cases in Florida allows us to review each case from a holistic viewpoint and then craft a roadmap towards success.

Offices in Miami, Orlando, and Jacksonville.