What is the process of international divorce?
When a couple who are living overseas decide to divorce, the issue of in which country the divorce proceedings should be commenced can become vitally important. In legal terms this is known as jurisdiction
There are a number of factors that can come into play when determining the most appropriate jurisdiction for an international divorce. Some of these include:
The domicile of the parties - this is usually the country in which a person is permanently resident, and/or has their main economic interests.
The nationality of the parties - this may be different to domicile, and can have an impact on things like which court has jurisdiction over any financial aspects of the divorce.
The habitual residence of the parties - this is the country in which the parties have been living for a significant period of time, and can be relevant where there are children involved.
The connection of the parties to a particular country - this can be through things like owning property or having family ties.