What to Know About Cross-Border Divorce and Custody Matters
Divorce and custody matters become significantly more complex when one spouse resides in a different country. International divorces can often involve multiple legal systems, jurisdictional disputes, and challenges to enforcing unique custody arrangements.
Jurisdiction in International Divorces
Which country has the legal authority to handle the proceedings will depend on the situation at hand. In Canada:
- A divorce can be granted if at least one spouse has been a resident in a Canadian province for at least one year prior to filing.
- Property division and support matters can involve foreign laws if those assets in question are located outside of Canada.
- If a divorce has already been granted in another country, Canada could recognise it, but it must meet the validity requirements under Canadian law.
Dividing International Assets
When assets such as real estate, businesses, or investments are in multiple countries, things can get complicated rather quickly. Some key considerations are:
- Foreign Property Laws – Some countries will not follow Canada’s principles of equalization of net family property. Legal experts in international property division can assist.
- Tax Implications – Selling or transferring overseas assets can trigger tax obligations abroad.
- Enforceability – A Canadian court order, even if binding in Canada, may not be enforceable in another country without additional legal steps.
International Child Custody and Parental Relocation
Child custody disputes across borders involve several key factors:
- The Hague Convention on International Child Abduction – Canada is a signatory to this treaty, which helps return children who have been wrongfully moved to another country without a parent’s consent.
- Parental Relocation Laws – If a parent wishes to relocate internationally with a child, they may need either the other parent’s consent or a court order approving the move. As with all things, relocation must be in the best interests of the child.
- Enforcing Custody Orders – A custody order granted in Canada likely will have to be formally recognised in another country prior to it being enforced.
Steps To Take In an International Divorce
- Seek legal advice early – International divorces are extremely complex. Consulting a family law lawyer is essential.
- Gather Financial and Legal Documents – Organize your records related to property, income, tax filings, and any existing agreements like those in relation to custody.
- Consider mediation or arbitration – Alternative Dispute Resolution methods can sometimes prevent lengthy and expensive international litigation, though they may not always be available in international disputes.
- Be aware of cultural and legal differences – Some countries will have vastly different divorce and custody laws than Canada.
Finding the Right Legal Guidance for International Divorce
Handling international divorce and custody disputes is a complicated process. Legal expertise is essential, and careful planning will help ensure things go as smoothly as possible.
INB Family Law LLP has a team of professionals ready to help you with whatever family law-related issues may be plaguing you. Book a consultation today.
