There are over 8.7 million Americans living abroad. The reasons for moving abroad vary from person to person. For some, it is the promise of a rewarding career while others move abroad for love. Regardless of a person’s reason for moving abroad, things become infinitely more complicated when a married couple decides to separate. Perhaps you’re living in America now and considering living abroad after the separation, or maybe you’re abroad and want to move home. Follow these separation tips and tricks for expats to make the process as smooth as possible.
Divorce Considerations
If you’re married to your partner, then it’s important that you consider your divorce options before making any big moves.
First, if you and your partner were married in America and signed a prenuptial agreement, understand that it may not be considered valid by international divorce courts. For example, England does not permit prenuptial agreements at all, so if you choose to get divorced there, it will essentially be null and void. Your property will be distributed as English courts see fit.
Do you have property back in the States? Make sure to hang onto it if you want to get divorced in American courts. Owning a home in America indicates that you intend for America to be your place of domicile and thus American courts could have jurisdiction over your divorce.
What About Children?
Separation is hard enough, but children add another layer of complication to the process. You have to consider their rights and the rights of your partner, too. This means you cannot just take the kids and move abroad or back to America.
Child custody issues will hinge on a number of factors, including where the children were born. If your children were born abroad, then the Hague Convention applies and the country in which they were born is considered to be their habitual residence. If you leave the country you are currently in, then you could be arrested and face international kidnapping charges.
Currently pregnant? It’s time to make some important decisions about where you want your child to be born. The previous rules about kidnapping your child will apply if the baby is born abroad and you move home without permission from the father.
Hiring an Attorney
Without a doubt, the most important step you can take when you’re considering separation is to hire an attorney who specializes in international family law.
Your attorney can help you plan your exit strategy in a smart and legal manner. You won’t have to worry about accidentally breaking the law if you follow their consult, and you have the best chance possible for an amicable separation.
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.
