We represent clients from many different countries who are seeking to divorce under English law and are extremely familiar with the interaction of the laws in different jurisdictions when it comes to family law and divorce. We can provide practical legal support to clients with links to the Republic of Georgia who are considering divorce. You may live in the UK or you may be married to a Georgian national for example. We hope the outline of Georgian divorce law below is useful.
Georgian Civil Code
The Georgian Civil Code updated the country’s law, including the laws relating to divorce. This followed a long period of totalitarian rule. Drafted in close collaboration with German legal experts it was considered modern and forward thinking when introduced in 1997.
Grounds For Divorce In Georgia
There’s no need to involve the courts if both spouses agree to the divorce, there are no children and there is no dispute over property. This kind of divorce by mutual consent is simply registered at the local Register of Civil Status.
One spouse can also apply for divorce if the other spouse:
- Is declared to be a missing person under the procedure prescribed by law
- Is declared a person without legal capacity by reason of mental illness
- Has committed a felony and has been sentenced by a court to imprisonment for a period of not less than three years.
Courts can also grant a divorce on the request of one spouse where it is satisfied that all attempts at reconciliation have failed.
A husband can’t apply for divorce if his wife is pregnant. He must wait until the child is one year old.
Court Involvement In Georgian Divorce
If there is a dispute between the spouses, or if they have a child who is a minor, application to the court to approve the terms of divorce will be necessary. Courts will usually impose a ‘waiting period’ and want to satisfy itself that all attempts at reconciliation have failed.
In Georgia judges have wide powers to determine where children will live, levels of child support and spousal maintenance.
When it comes to dividing property generally, all property acquired during a marriage will be divided equally but there are exceptions to the rule. If a spouse wishes to argue that a 50/50 split of assets would be unfair it would be advisable to seek specialist legal advice.
How We Can Help With Georgian Family Law
Brookman has extensive knowledge of international legal systems and regularly represents individuals from all over the world. Whilst we haven’t had direct dealings with the legal system of Georgia, we do have decades of experience in international approaches to divorce and family law we have the ability to advise you effectively, working alongside a Georgian law firm if required, if you or your spouse has some connection to Georgia.
Or call us: +44 (0)20 7430 8470