Jurisdiction Issues With International Divorces

International marriages and divorces can become complicated.

Mrs Saward had met and married her British husband in Spain, but due to Spain’s unfavourable laws regarding split of assets, sought to divorce her husband in the UK.

Although a decree nisi was granted at first instance, it was reversed when Mr Saward appealed, arguing the UK courts  had no jurisdiction to hear the proceedings as he was no longer a UK resident.This shows how important it is to see specialised legal advice if you are considering entering an international marriage and how important it is to protect your assets.

There are issues concerning conflicts of law and the applicability of those laws. In the event of a divorce, where the marriage was registered will have an effect on which jurisdiction the divorce proceedings are heard.

For example, in Thailand international marriages your assets will be better protected as your marriage and Thailand prenuptial agreement are registered in Thailand. Prenuptial agreements are not registered in Western countries.

Related Articles: 

Marriage and Divorce in Thailand: When Love Turns Deadly

Thailand Marriage and Divorce: Thai Dream or Foreigner’s Nightmare?

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