Going through a divorce is difficult enough, but when you or your spouse is an expat living abroad, it adds an entirely new layer of complexity. From jurisdiction disputes to immigration implications, cross-border divorces introduce many challenges that require expert guidance.
In our most recent The View From The Top show we had an insightful discussion on this topic. The show featured two family law attorneys, Yael Selig and Lara Myers, two leading family lawyers at Osbornes Law LLP with both professional and lived experience of the topic. They provided excellent advice for expats facing divorce.
Choosing Where to File
One of the first major decisions is determining where to file for divorce. This jurisdiction decision is critical, as divorce laws and asset division rules can vary greatly across countries. The attorneys stressed the importance of seeking legal advice right away in the countries connected to you and your spouse to understand all your options. Location of assets, length of residency, prenuptial agreements, and child custody factors will help inform the best place to file. Acting quickly is key.
Travel Restrictions with Children
A crucial consideration if you have children is the travel and custody restrictions when crossing international borders. It is extremely important to know that it may be a criminal offense to leave the country with your children without the other parent’s official consent. Having proof of permission to travel with the children is essential.
Immigration Status Issues
Your immigration status or that of your spouse can also be impacted by a divorce. Consult with an immigration specialist to understand your post-divorce rights and whether you can retain residency status or sponsorship after separation. This is especially pertinent if wanting to remain in your host country.
Seek Legal and Corporate Support
Going through an expat divorce introduces complex challenges, but there are resources to help guide you. Seeking expert cross-border legal advice and tapping into your company’s global mobility support services are invaluable. The more knowledgeable guidance, the better the outcome.
Divorce under any circumstance brings significant life change and emotion. Having a trusted legal, immigration, and corporate network to navigate all the intricacies of an expat divorce can help reduce some of the stresses of this already difficult process.
You can access the complete show recording here. Don't forget to register for our next show on Global Mobility Superpowers.
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