An international divorce is highly complex, as both partners are often interested in handling the divorce in different countries. Emigrating to another country can be the first step in a carefully planned strategy to divorce as advantageously as possible. “In an international context, wealthy partners must be cautious and alert.”
In the past ten years, an average of 21,000 to 25,000 marriages were dissolved annually in our country due to divorce. A portion of these involve “international divorces” of couples with different nationalities or a nationality that differs from their residence. Often, these are international entrepreneurs, expats, doctors, and diplomats. On average, at least one Belgian divorces abroad daily, according to figures from Statbel, which keeps statistical records in our country.
A regular divorce is already very complicated, but an international divorce adds several challenges. One of the first debates in an international divorce is which country has jurisdiction over the divorce proceedings. To make it even more complicated, the answer to this question may vary depending on whether it concerns the arrangement for the children or alimony payments.
Forum shopping
It is not surprising that parties engage in “forum shopping ” in international divorces. This happens when a party who wants to initiate an international dispute in court has the choice of more than one country and selects the one with the highest chance of the best result.
For example, in the divorce of two Dutch people living in Belgium, the partner entitled to alimony may start proceedings in Belgium rather than the Netherlands because Belgium has a much more favorable regime. If there are links to Poland or Estonia, the spouse obliged to pay alimony might try to start proceedings there instead, as those countries offer minimal options for the spouse entitled to support.
For the financial arrangements regarding the children, exploring the various international options can also be beneficial.
Moving abroad
In an international context, it is not uncommon to choose a new residence based on the country where the highest alimony or the most favorable financial settlement is expected. For example, the ex-wife of the Emir of Dubai fled with her children from Dubai to London to obtain a substantial alimony payment.
Emigration is often the first step in a carefully planned strategy to divorce as financially advantageously as possible.
For the wealthy partner, caution is always required in an international context, especially when there is the possibility of moving to another country. Therefore, it is important to proactively seek advice from a specialized lawyer familiar with international treaties and European regulations. This lawyer can conduct a risk analysis and explore how those risks can be mitigated. Such an approach can avoid many unpleasant surprises.
Mediation
If things go wrong, it is crucial to develop a negotiated solution. The importance of mediation in an international context is much greater than in a traditional divorce. Mediation allows for quicker and more efficient settlements, as in an international dispute, it is not easy to obtain court decisions in a short time.
Rapidly changing environment
It is vital to consult a lawyer experienced in handling cases with international elements in an international context. International rules are created at the international, European, and national levels, making it far from straightforward to determine which country has jurisdiction and which regulations the courts of that country must apply.
Moreover, divorce involves many different topics, so it may be that the arrangement for the children needs to be handled in one country, but the division and settlement in another.
The regulations at all levels are continuously evolving. For instance, the Brussels IIter Regulation was enacted on August 1, 2022. This European Union regulation governs international jurisdiction, recognition, and enforcement of decisions in matrimonial matters and decisions on parental responsibility.
Additionally, the United Kingdom left the European Union on February 1, 2020, with the necessary repercussions for their participation in the various regulations.
Specialized advice
Therefore, seeking advice from a specialized lawyer is paramount to achieving the best possible outcome.
In an international context, we always start by clearly analyzing each aspect before developing a single action plan that can be rolled out once the client feels comfortable with it. It is not uncommon for us to tap into our international network to gather local advice on specific topics or local customs.
Such analysis does not necessarily imply initiating legal proceedings but is also highly useful in mediation, providing the client with the necessary clarity about their negotiating position.
