Can I also divorce my marriage abroad?
July 25, 2023 | 40,00 EUR | answered by Fred Busse
Dear Family Law Attorney,
My name is Xenia Eder and I have a question regarding my marriage. Several years ago, I married my husband, but recently more and more problems have arisen in our relationship. We currently live abroad and I am wondering if it is possible to get a divorce here as well.
The current situation is that we argue more and more frequently and simply do not fit together anymore. We do not have any children together and no significant assets that would need to be divided. It is therefore a relatively straightforward divorce, but I am unsure if I can initiate the divorce process here in a foreign country.
My concerns are that I do not know what legal steps I need to take in order to get divorced abroad. Furthermore, I am worried about whether the divorce abroad will be recognized in my home country.
My question is therefore: Can I get divorced abroad and what steps do I need to take to achieve this? Are there any possible obstacles or legal pitfalls that I should be aware of? And will the divorce abroad be recognized in my home country?
I would greatly appreciate it if you could assist me with this matter. Thank you in advance.
Sincerely,
Xenia Eder
Dear Mrs. Eder,
Thank you for your inquiry regarding divorce abroad. It is indeed possible to have your marriage dissolved in a foreign country if you have your habitual residence there. In your case, since you are currently living abroad, you can also file for divorce there. It is important that you inform yourself about the legal steps and requirements in the respective country where you wish to proceed with the divorce.
The exact procedure and necessary documents may vary depending on the country. However, you will generally need a local attorney to assist you in the divorce process. This attorney will help you submit the necessary documents and guide you through the court proceedings.
It is important to note that a divorce abroad may not automatically be recognized in your home country. To ensure that the divorce is valid in your home country as well, you should look into the recognition of foreign divorces. In many cases, it is possible to have the foreign divorce recognized in your home country through a certificate of recognition or a recognition procedure.
There may be legal obstacles or pitfalls that you should be aware of, such as questions regarding residency rights after the divorce or the settlement of maintenance claims. An experienced local family law attorney can provide comprehensive advice on these matters and help you avoid potential problems.
Overall, it is important to inform yourself early and comprehensively about the legal requirements in the respective country where you wish to proceed with the divorce. A local attorney will assist you with these questions and guide you through the entire process.
I hope this information has been helpful to you. If you have any further questions or need assistance, please do not hesitate to contact me.
Best regards,
Fred Busse, Family Law Attorney
