To obtain a divorce overseas, seek legal advice in the current jurisdiction. Child support, custody, and spousal support are decided by the country where the divorce is granted. Residency requirements and recognition of the divorce in the US vary. In Ontario, a legal opinion is required, and in the UK, the divorce must be legally binding in the country where it was granted. Certified copies of divorce papers are required for a marriage license.
A person who was married in the United States and wishes to obtain a divorce overseas needs to obtain expert legal advice from a practitioner in the jurisdiction where they currently live. The documents can be filed in that country and the couple would be subject to the laws of the country where the divorce is granted. Child support, custody and spousal support would be decided under the laws of the jurisdiction granting the divorce.
Before filing the paperwork for a foreign divorce, it’s a good idea to consult a legal counsel to find out whether people who want to end their marriage need to meet a residency requirement before they can file the paperwork. A person planning to return to the United States after a divorce will also want to ensure that it is recognized as valid. While there are no treaties signed by the United States that specifically recognize foreign divorce decrees, these documents are recognized as a courtesy.
To obtain a marriage license in the United States following a foreign divorce, the individual is required to prove that the divorce has been granted. Certified copies of divorce papers must be produced before a marriage license can be issued. If these documents are in a foreign language, they must be translated into English and notarized before being submitted to the Marriage License Bureau.
In Ontario, Canada, the procedure for having a foreign divorce recognized is a little different. The person who was divorced outside the country must consult a lawyer to obtain a written legal opinion on the validity of the divorce in the province. At least one spouse must have lived in the jurisdiction for at least 12 months before the divorce is granted. The attorney will address the letter to both parties to the divorce and explain why the divorce should be recognized in Ontario.
A foreign divorce will be recognized in the UK if it is legally binding in the country where it was granted. As long as one of the parties to the divorce lived in the jurisdiction or was a citizen of that country, the UK will recognize that the individual is divorced. A copy of the divorce papers must be submitted to the registrar before a marriage license is issued. Unless the documents were granted for religious purposes only or are clearly invalid, the registrar will issue a marriage license.
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