Transnational divorces are on the rise. An ever increasing number of international marriages have led to more international divorces. Our world is growing smaller every day as we travel more and as social media brings together citizens of different nations.
The United States does not officially track the number of international marriages or divorces. However, the number of people who obtain permanent resident status as spouses of American citizens rose from 196,405 in 2000 to 273,429 in 2012. Currently, the United States has a divorce rate of 3.6%. That rate ranks 6th in the world among countries with high divorce rates.
In Brazil the number of divorces has hit a record high. According to the South American IBGE statistics agency that has been tracking the number of divorces since 1984, there were more than 350,000 divorces in Brazil during 2011. That number is up 46% compared to the number of divorces in 2010. The rising number of divorces may be due to a new law that makes it easier and faster to get a divorce in Brazil.
The Complexities of Transnational Divorces
Law firms that practice family law are now developing an expertise in helping clients who are seeking a divorce under very complicated international circumstances. Serious issues arise during divorces between citizens of different countries. These complexities have even prompted some law makers in the European Union to standardize divorce laws so that it is clear which country’s laws control the divorce proceedings.
One of the sources of conflict in transnational divorces is that one party may want to seek a divorce in the country where the laws are more favorable to them. Couples must consider divorce laws relating to asset disclosure, child custody, alimony, and other matters. Depending on which country’s laws control the divorce, the financial and relationship consequences can be significantly different.
Options when seeking a Transnational Divorce
A typical scenario involves a United States citizen who marries a Brazilian citizen. If the Brazilian citizen continues to live in Brazil, what happens when the couple decides to get divorced? The basic answer is that the couple must seek their divorce where they got married or where they registered their marriage. In this case, the couple must get a divorce in the United States.
Depending on the circumstances, the couple may have other options. If the couple got married in the United States but also registered their marriage in Brazil, then they have the option of filing for a divorce in either country.
As the number of transnational marriages and divorces continue to rise, it is more important now than ever that couples seek expert legal advice before pursuing a divorce. Despite uncertainties and inconsistencies in international divorce law, the right legal counsel can help achieve the best possible outcome to their divorce.
