With the trend to facilitate interactions under the concept of a global village, the relationship between people from different countries is closer than ever before. As such, international marriage has become quite common across the globe. However, because of the disparity of cultures, some conflicts may be raised during their marriage. Unfortunately, many couples end up divorcing due to these differences. Even though this is not the desired outcome, it is still an issue we must address.
Dealing with international divorce is difficult because each country has its own regulations. The first issue faced is to decide which country’s laws should be used. This can be hard to determine, unlike most international contract disputes, where there is often clear guidance for jurisdiction. The second issue is about recognition, e.g. whether the judgment from one country would even be recognized in another country.
Before handling international divorces, one should always ask which laws preferentially benefit a client. These three areas have to be assessed to see where the most benefit may be reaped – laws from the home country, the place of marriage, or the location of common domicile. Determining the more beneficial laws is complicated because it is necessary to be familiar with the finer points individual laws and statutes. Oftentimes, some background knowledge of the cultures and values of each country is extremely helpful.
In summary, since there is no way to ignore the issues that international marriages will generate, the best advice for any couple is to enter the marriage contract with eyes wide open and be as educated about marriage laws in one’s home country, where one lives and where one was married.