Once rare in mainly Catholic Venezuela, divorce has risen markedly in recent decades. There is no longer the social stigma associated with divorce that existed in the past. Because of the different approaches taken by the courts there and in the UK anyone getting divorced in England who has a legal link to Venezuela should get expert advice on how any international dimension is likely to affect a final divorce settlement.

Our team of international divorce lawyers can assist individuals who were married in Venezuela but live in the UK, those who own Venezuelan property and those who are of Venezuelan nationality. Here we outline some of the basic principles of Venezuelan family and divorce law.

Grounds For Divorce In Venezuela

The Venezuelan Civil Code (Article 185) provides both spouses with the right to petition for divorce. The grounds on which a petition can be based are:

  • Adultery
  • Abandonment of the family home
  • Where one spouse corrupts the other or any children, including involving them in prostitution
  • Abuse that makes living together impossible
  • Imprisonment of one spouse
  • Drug addiction or psychiatric illness that renders living together impossible
  • One year separation by consent
  • Five year’s separation (on the application of one spouse)

Children And Divorce In Venezuela

Following divorce both parents will retain parental authority in relation to any children. The Law of Protection of the Child and Adolescent specifies that parents should make every effort to agree which of them should have custody of those children over seven years. Custody of children under seven will ordinarily be granted to the mother unless it is in the best interests of the child to be separated from her.

If parties are unable to agree the court will make a decision on custody.

Marital Property And Divorce In Venezuela

When a divorce petition is filed in Venezuela the family courts have the power to decide which spouse can remain in the family home while the divorce process is ongoing. This right of residence is usually granted to the parent with whom any children of the marriage live. At this initial stage the courts will also expect full disclosure of the property of each spouse as well as any commonly owned property.

Once the divorce decree has been issued the courts can make final orders relating to property division. In relation to spousal maintenance this is available to the spouse who:

  • Is not at fault in the divorce; and
  • Is unable to support him or herself

Any obligation to pay maintenance terminates if the spouse in receipt of payment remarries.

Advice On How Venezuelan Law Could Affect Your Divorce

If you or your spouse has any legal association with Venezuela and are seeking divorce in England, you should consider legal advice to ensure you adopt the most effective legal approach to your divorce. It may be preferable for example to issue proceedings in the UK before your spouse has the opportunity to start your divorce in Venezuela. This is particularly the case if you are the financially weaker spouse as the courts in England and Wales adopt a relatively generous approach to maintenance and financial settlements. At Brookman we assist individuals in this type of situation. Even if we do not have direct experience of the law in Venezuela our international divorce experience ensures that we are in a position to provide reliable and effective advice on your divorce if there is a possibility of Venezualen law having some impact on your case.

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Divorce Videos

Henry Brookman has created several discussion videos in order to further explain some areas of divorce.

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Henry Brookman Discusses: Divorce
Henry Brookman Discusses: Common Divorce Myths

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I contacted Henry Brookman because of the complex international aspect of my divorce and I’m very glad I did... Henry took his time explaining all the pro’s and contra’s... I now have a much clearer view over the situation and feel more confident going forward. I’m very grateful for the excellent advice I’ve received and not feeling rushed during the meeting.

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About The Team

We are a specialist divorce and international divorce family law team, advising clients in the United Kingdom (specifically England and Wales) and throughout the world. We have a very people–orientated approach to working with clients. Henry Brookman has practised law for over 45 years, and our team has a wide range of skills and expertise. We are recommended by the Legal 500 and have been awarded the Law Society’s quality mark, Lexcel.

Partner

Henry Brookman

With over 45 years' experience, Henry Brookman is the senior member of the team. He is described by The Legal 500 as ‘shrewd, savvy, sagacious and highly experienced’.

Partner

Talitha Brookman

Talitha is a Partner in the firm and a very experienced practitioner who has specialised exclusively in family law for over 15 years. Talitha is recommended by The Legal 500.

Partner

Philip Morton

Recommended by The Legal 500, Philip is an expert in all areas of family law, including domestic and international financial disputes, fraud and commercial dispute resolution.

Partner

Natasha Slabas

Expert in all areas of family law, often involving cases that have an international element, including work in relation to financial settlements following divorce.

Partner

Aziz Malik

Aziz is a Partner at the firm and is highly regarded for his expertise on financial matters in divorce and is recommended by the Legal 500.

Partner

Mark Rennie

Mark is the Group Head of the Horsham Family Law team. He specialises in all areas of matrimonial law, including complex divorce and financial disputes, and is recommended by The Legal 500.

Partner

Nigel Winter

A highly experienced solicitor, Nigel has expertise in collaborative law, divorce, contested litigation, relationship agreements, and children matters. Nigel is recommended by The Legal 500.

Partner

Samantha Jago

Partner at our Guildford office and recommended by The Legal 500, Samantha has specialist expertise in divorce, children matters, complex international cases, and is a trained mediator.

Senior Associate

Joanna Potbury

Family law specialist based in Brighton advising on divorce, cohabitation agreements, children, post-nuptial agreements, and domestic violence. Joanna is recommended by The Legal 500.

Senior Associate

Kirsty Kelleher

Kirsty is a specialist family law solicitor recommended by The Legal 500. An expert in divorce, financial matters, child-related disputes and contentious probate cases.

Senior Associate

Kevin Danagher

Kevin specialises exclusively in family law, advising on all aspects of relationship breakdown, divorce, same sex marriage, marital agreements, and international family cases.

Associate Solicitor

Jennifer Douglas

Jennifer is a talented solicitor, recommended by The Legal 500 and experienced in all elements of family law, including high net worth financial proceedings, Children Act proceedings.

Associate Solicitor

Gavin Yeung

Recommended by The Legal 500, Gavin has excellent experience in family law including divorce and financial proceedings and international child abduction proceedings.

Senior Associate

Pippa Marshall

Pippa’s experience covers all areas of family law including divorce, financial remedies, same sex relationships, and pre- and post-nuptial agreements and is recommended by The Legal 500.

Chartered Legal Executive

Lorraine Imms

With over 20 years' family law experience, Lorraine can advise on divorce, matrimonial finances, cohabitee disputes, nuptial agreements and private children matters.

Trainee Solicitor

Rachael Au

Rachael is a highly capable member of the family team in Brighton. She started her training contract in September 2019, her first seat being in Personal Injury and Clinical Negligence.

Accounts Manager

Evdokia Dikova

Eva is an AAT qualified accounts manager and holds full AAT membership (MAAT). She gained her degree in financial accounting from the University of Economics in Bulgaria.

Secretary

Victoria Delatouche

Victoria is a highly experienced Legal Secretary and a long-standing member of the team. She provides secretarial support for the office.

Secretary

Michelle Louison

Michelle provides secretarial support to Henry Brookman. A very experienced family law secretary, Michelle has worked in law for over 12 years.

Front of House Manager

Patricia Antonio

Patricia is an experienced secretary and office administrator, handling the calls that come into the office, greeting clients, and managing office presentation.

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