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Scenario Analysis - International Marriages


International marriages and family law present difficult choices. Often the husband and wife have different nationalities and may have property and children in several countries.

 

 

International Marriages - Scenario Analysis Example #1


Mrs K consulted us. She was a UK citizen and married a Venezuelan 20 years ago. They had entered into a standard pre-nuptial agreement. They left Venezuela 3 years later and had since lived in the U.K. Her husband had returned to Venezuela. The two children were with her. He claimed that under Venezuelan law and pursuant to the pre-nuptial agreement they could only divorce there. However this was a difficult and lengthy process. She wished to re-marry and wondered if a "quickie" Haitian divorce would be the answer.

Our Solution:
A Haitian divorce would not be accepted in England. There was a choice between England (because she lived here) or Venezuela (because her husband lived there). However if she accepted Venezuela there could be difficulty concerning maintenance for the children, and other financial repercussions. We consulted a Venezuelan lawyer to cross-check and then chose to start proceedings in England. She obtained a divorce within six months and retained the house in England.
 
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