The numbers of binational marriages are rising steadily. This means that international family law is also playing an increasingly important role. Likewise, many families move abroad for private or professional reasons ("expats").
As soon as the usual place of residence is abroad or different or dual citizenships are involved, there are various possibilities for action in the context of divorce, but also many traps.
In this situation it is crucial that you have a reliable and experienced lawyer at your side who has already gained a lot of experience in both national and international family law.
What law is the divorce subject to?
The EU Regulation No. 1259/2010 (Rome III) regulates which law applies in the case of a divorce with a foreign connection. Almost all EU member states have acceded to the agreement.
If the spouses have not made a mutual choice of law, their divorce is governed by the law of the state in which the spouses have their habitual residence at the time the court is seized.
If you no longer have a common place of residence, the law of the state in which the spouses last had their habitual residence applies, unless both partners have given up their habitual residence in that place or one partner did so more than one year ago.
In that case, the law of the state of which both spouses are nationals at the time the court is seized applies. If they do not have a common nationality, the law of the state of the court seized applies.
Take advantage of online communication
You are welcome to contact us online and conduct the necessary correspondence online (Email, Skype, Zoom etc.).
The court dates cannot be attended online. You will have to attend these in person with your lawyer, as the family court judge will hear you in person.
In exceptional cases, if one spouse cannot reasonably be expected to appear in person due to the distance to the court’s seat, the divorce hearing can be conducted by an “appointed judge” at the partner’s place of residence.
In certain cases, a hearing at a German embassy is possible. But until then, you can contact us from anywhere.
The importance of the divorce settlement agreement (Scheidungsfolgenvereinbarung)
If the divorce has a foreign connection, it is advisable to settle the marital relations out of court in a divorce settlement agreement, if possible. In this way, your divorce can take place quickly, inexpensively and without complications. We draw up these agreements before the court hearing in consultation with the opposing lawyer.
Are you getting divorced?
Your divorce with Kutter Law
