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International divorce is when a government grants a foreign national a legal decree terminating a civil marriage started in another jurisdiction. Laws vary by country, and some countries may not recognize foreign divorces. Child custody and asset distribution can also be decided across multiple countries. Delays and complications can arise depending on individual circumstances.
An international divorce is what a government grants to foreign nationals who no longer wish to continue a civil marriage started in another jurisdiction. During these proceedings, in addition to a legal decree terminating the marriage, a jurisdiction can also decide on the distribution of assets, as well as on child custody and visitation arrangements. Just as divorce laws vary from region to region within a country, international divorce laws also vary by country. In some countries, including the United States, divorces granted in a foreign jurisdiction may or may not be enforced or even recognized as legally valid in the couple’s country of origin. Some countries also do not grant foreign divorce decrees, such as the Philippines, where neither foreign nor domestic divorce is allowed.
Also known as a foreign divorce or an offshore divorce, some people choose an international divorce based on the geographic location of one or both spouses at the time of the marriage’s demise, while others opt for an international divorce as a way to save on court costs in a country of origin or to expedite a divorce process. It is entirely possible, however, that a couple could apply for and be granted an international divorce in one country, yet still be considered legally married in the couple’s country of origin. For example, a couple who are married in the United States, but where one or both spouses have filed for divorce in the Dominican Republic, may be surprised to find that they are not recognized by the United States as actually divorced since the United States reserves the option reject or accept such divorces as valid.
In matters of child custody, an international divorce can be granted in a foreign country, while the country where the couple and the couple’s children reside can determine custody and visitation of the children. A similar jurisdiction may apply with respect to the distribution of a couple’s combined assets. All issues typically decided in a native divorce settlement, therefore, may involve multiple countries in a foreign divorce settlement.
While an international divorce may be granted quicker in another country than it would be allowed in a couple’s home country, the opposite can also be true. A lengthy investigation into the circumstances of the divorce, as well as the distribution of assets, can often delay proceedings. Other delays in divorcing abroad may be due to the laws of other foreign countries where a couple lived before filing for divorce in a separate foreign jurisdiction. Overall, such divorces can be quite complicated depending on the individual circumstances involved.
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