Worldwide Expat Divorce And Family Law

• Published date: 23 February 2021
• Subject Matter: Family and Matrimonial, Family Law, Divorce
• Law Firm: Aramas Family Law
• Author: Ms Samara Iqbal

Breaking up may be hard to do, but for married expats it can be fraught with danger. Where couples choose to divorce can have a major impact on both parties' financial health, so getting it right is crucial. Whatever your situation, you are not alone. That initial period is precisely the one in which they must act and act decisively. Delays could result in a disastrous outcome. Experienced divorce lawyers are all familiar with cross-border cases, and the complexities which make these divorces so difficult. Moving overseas with your family to live and work in a new country is a big step. While everyone starts out with high hopes for a better future, expat life can put relationships under stress. If things go wrong in your marriage, the thought of dealing with property, finances and children in the local divorce courts may feel overwhelming.

Issues for Expats

If you and/or your spouse have connections to more than one country, the courts of those countries may be able to deal with your case. The legal frameworks for how financial and child-related matters are dealt with vary widely across countries. The outcome of divorcing in Dubai, say, may be very different from what you might expect to achieve in England. Even if you don't want, or need, to go to court, understanding your options is an important part of negotiating with your spouse - in other words, you may not want to offer (or accept) a deal which is significantly more (or less) than you would expect to get if you went to court.

If you are a wife living in Doha, you will not be entitled to lifetime maintenance, but you would if the divorce was held in England,. the wife could challenge the Qatari court, but it would be expensive and the proceedings would be conducted in Arabic.

Disclosure of assets is also crucial. English divorce law requires a full and frank disclosure of a person's financial position under oath. If they lie, they could be convicted of perjury. The husband may be unwilling to contemplate such expense, and so decide to seek a settlement under the laxer regimes of other countries. Remember, across the EU, Middle East and Asia, different procedures, different laws and different levels of disclosure apply. It is, without doubt, a legal maze and minefield rolled into one.

For this reason, any expat involved in a separation, or who is considering splitting up, should assess the position − with the help of an experienced international divorce lawyer − as early as possible. So- called "forum...