How can I be sure that the divorce will be
valid in my home country?
A large part of the kit is devoted to answering this question. It is
quite a complex legal issue that cannot be answered in a few paragraphs,
especially because this is a worldwide website. Our team have devoted
many hours to legal research in different countries.
"Offshore" divorce is perfectly legal and valid. Whether it is accepted
where you live really depends on whether anyone disputes it in court.
99.9% of divorces are never disputed. The only person who is likely to
dispute your divorce would be your spouse. Most people obtain their
spouse's written consent and then the spouse is precluded from disputing
it later by the legal principle of estoppel. In the case of unilateral
divorce (where only one spouse participates), the issue becomes more
complicated but still there are many legal tactics whereby you can
successfully protect yourself.
In the USA, many states (for example New York) specifically accept
international divorces. Courts in most others accept them on a
case-by-case basis under the principle of comity. The Social Security
Administration and the Veterans Administration are other departments that
specifically accept and recognize international divorces. The State
Department authorizes and requires US consulates abroad to legalize
foreign divorce decrees by granting "full faith and credit" to the
signatures of foreign courts. Such legalizations are issued routinely in
the case of the Caribbean divorces described in The International
Express Divorce Kit. Celebrities such as Michael Jackson and Diana
Ross who can afford the very best lawyers in the USA have specifically
opted for this type of international divorce.
All these legal concepts are explained in the kit in more depth and
backed up by copies of specific laws, regulations and cases. We also
include specific legal information on acceptance in England and Wales,
Ireland and the Philippines, and general information on other countries.
Of course, in some countries (such as very religious countries) divorce
decrees may not be recognized. We cannot make any guarantees as to
acceptance of foreign divorce decrees in specific countries, but in the
vast majority of cases it is absolutely no problem and nothing to worry
about.
The bottom line is that for a fuller, more detailed answer to this
question, and to reassure yourself, you should read The International
Express Divorce Kit. If after reviewing it you feel for any reason
that you did not obtain good value for money, you may request a full
refund.
What documents do I need for an international divorce?
You will typically need:
A valid passport
Marriage certificate
Birth certificate of any children born in the marriage
Information form
These documents may need to be legalized by the foreign consulate
responsible for the place where you live. This is a routine procedure
which can often be carried out by mail. You may also require the services
of a local notary public.
If you do not have a passport, in some cases (but not all) alternative ID
documents might be acceptable. However, it is advisable to apply for a
passport anyway.
What is the typical cost of an international divorce?
The typical cost of an international divorce is between US$ 2,500 and US$
5,000 depending on how complex the matter is. This is a global figure
including legal fees, court fees. However it is only an estimate. The
actual cost in your case could be higher or lower. In particular, it is
possible to do it much cheaper if you don't hire a lawyer. But the cost
in time, travel and complcations means for most people it is preferable
to hire a lawyer.
Do foreign courts rule on child custody agreements and
financial settlements?
No, as a general rule they concentrate only on the divorce itself. The
purpose of this is to restore your legal status as a single person. This
allows you to do carry on with your personal and professional life. You
can choose to remarry, to submit tax returns and claim allowances, carry
on businesses or start new ones etc etc just as a single person would,
without worrying about your spouse.
Financial and custody settlements in the form of a Post Nuptial Agreement
can be incorported into an international divorce. The International
Express Divorce Kit includes examples of such agreements drafted by
lawyers that you can use in your own situation.
If you are unable to reach an agreement with your spouse, then such
matters will continue to be heard by your local courts. This can take
many months or years. The good thing is that an offshore divorce allows
you to be divorced and remarried without having to wait for the
termination of these court hearings.
Is an offshore divorce useful for asset protection
purposes?
On the surface, no. However, scratching below the surface, there are some
hidden advantages especially if you are living or doing business in a
country which is different from where you formerly lived with your spouse.
Your ex-spouse will not be able to attach assets like properties, bank
acounts etc purchased or opened after the divorce decree has been
obtained. For further information on protecting your assets, we recommend
you read Bye Bye Big Brother from Global Liberty Publishing.
Am I legally obliged to register my divorce anywhere?
Your foreign divorce will only be registered and recorded in the place
where it was issued. There is no obligation to inform anyone else about
it. Most people choose to inform others, but some people prefer to keep
it quiet and that is their decision and legal right.
Is an offshore divorce useful for asset protection purposes?
Bye Bye Big Brother
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