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Key Issues In International Divorce and Custody Cases


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Global families often confront complicated family law issues. Read more about the key legal considerations involved in international divorce and child custody matters.

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Key Issues In International Divorce and Custody Cases

  1. 1. International Family Law Divorce And Custody In A Global Age Presented by Laura Dale & Associates, P.C. © 2015 by Laura Dale & Associates, P.C. All Rights Reserved. Design and editorial services by FindLaw, part of Thomson Reuters.
  2. 2. Modern families are increasingly mobile. It’s easier now than ever to travel, live and work in other nations. At Dale & Associates, P.C., we help global families navigate the complexities of international family law.
  3. 3. In the following slides, you’ll learn about six key issues in this niche area of law: •  Jurisdiction •  Choice of law •  Procedural rules •  Enforcement •  Property division •  Child custody INTERNATIONAL DIVORCE ENFORCEMENT AND CHILD CUSTODY SERVICE OF PROCESS JURISDICTION PROPERTY DIVISION DISCOVERY CHOICE OF LAW
  4. 4. Jurisdiction: Which country’s courts have the authority to hear your case? The answer is not always black-or-white. It might depend on where you live, where you own property, whether you have children and countless other factors. ?? ? ? ? ? ? PERSONAL JURISDICTION
  5. 5. Choice Of Law Once you know where your case will be decided, you must also determine which country’s laws will apply.
  6. 6. Other nations have drastically different laws on pivotal family law issues such as: •  Grounds for divorce •  Division of property •  Recognition of prenuptial agreements •  Alimony •  Child custody and support •  Parental rights •  Gender equality As you can see, the answer to “which law applies?” can make a night-and-day difference in your case.
  7. 7. Navigating Procedural Complexities Procedural rules affect every aspect of your case, from filing the initial claim to serving the right notices (service of process) to getting the evidence and information you need for a strong case (discovery). Courts have their own procedural nuances for moving through the legal process. International treaties also set certain rules.
  8. 8. Enforcing Court Orders Even if you win a favorable outcome on a divorce or custody issue, that’s only half the battle.
  9. 9. You must also be able to enforce the court order. Some courts will refuse to recognize orders from other nations that contradict their own laws. Your lawyer needs to identify these potential roadblocks early on.
  10. 10. Property Division Many families own property in multiple countries. Getting your fair share of the property requires: •  Identifying the property •  Making sure it’s preserved while the proceedings are underway •  Finding hidden assets •  Applying the correct legal standards •  Determining whether the property is marital or separate •  Obtaining an accurate valuation that the court will recognize.
  11. 11. Child Custody Protecting your children’s well-being is a foremost concern. An important treaty – The Hague Convention on the Civil Aspects of International Child Abduction called– takes a strong stance against international parent-child abduction.
  12. 12. If the other parent fled with your children to another country, you need to act quickly. An experienced lawyer can help you take swift steps to protect your children – and fight to get them back.
  13. 13. Family law is complicated. International issues add another dimension of complexity. For that reason, it’s important to get help from the right attorney.
  14. 14. Get more tips for success by downloading our free white paper, “International Family Law: Divorce and Custody In a Global Age.” You can also visit our website to learn more about this niche area of practice. Share our white paper © 2015 by Laura Dale & Associates, P.C. All Rights Reserved. Design and editorial services by FindLaw, part of Thomson Reuters.!