Just because you or your spouse is American, do not assume that you can file for a U. That is not always a bad situation. Emily Edwards, 30, a British and American citizen, married and lived with her husband for two years in London. They then moved to Cambridge, Massachusetts, but soon decided they were not compatible, and they divorced there in But the laws and outcomes can vary greatly from country to country.
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As a general rule, divorce and dual citizen issues are easier to manage in the United States and Europe. And if you and your spouse disagree about which country is best to divorce in, it becomes a race.
Whoever files the fastest determines where the divorce will proceed. If you have young children, location could be especially important.
The international community has tried to streamline the judicial process when it comes to divorcing across borders, primarily through the Hague Conference on Private International Law, which has about 75 countries as members. Still, that does not make it any less complicated for some parents, particularly those living outside of their home turf.
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Chinitz gives the example of an American married to a Swede who decides to move from New York to Stockholm with their 3-year-old. Five years later, the American parent wants to divorce and take the child back home. The other spouse says no way. But what should you do in a situation where you think your child has been abducted by the other parent? You should ask the state department or your local government representatives to intervene, but you should keep your expectations in check.
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Many divorcing couples who hold dual citizenship find themselves splitting up property around the globe. Toggle navigation Email. Overseas marriage and divorce. There is no need to register an overseas marriage in the UK.
What issues can affect my international divorce?
Your marriage or civil partnership will be recognised in the UK if both of the following apply: You followed the correct procedures in the country where you got married the marriage is recognised in the country where it took place The marriage would be allowed under UK law, for example, it is not a polygamous marriage. Unfortunately, there is no longer a service for registering an overseas marriage in the UK. Will my overseas divorce be recognised in the UK? For a foreign divorce order to be valid in England, under the Family Law Act , the foreign order must: Be valid under the law of the country in which it was obtained; and At the date at which recognition of the foreign order is sought one of the parties is either: a.
Habitually resident in the country where the divorce was obtained; b. Domiciled in the country where the divorce was obtained; or c. In short, Yes.
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