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.

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.

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 OFPROCESS JURISDICTION

PROPERTY DIVISION

DISCOVERY

CHOICE OF LAW

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.

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PERSONAL JURISDICTION

Choice Of Law

Once you know where your case will be

decided, you must also determine which

country’s laws will apply.

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.

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.

Enforcing Court Orders

Even if you win a favorable outcome on a divorce

or custody issue, that’s only half the battle.

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.

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.

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.

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.

Family law is complicated. International issues add

another dimension of complexity.

For that reason, it’s important to get help from

the right attorney.

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.!