Increased mobility and international families are two of the famous outcomes of globalisation. That is to say, spouses may near from different countries, they may have relocated abroad and they may have assets in more than one country. As a result, if an international marriage collapses then more than one jurisdiction will have the power to deal with the divorce. Therefore, international couples may settle the country where their divorce will grasp plot.
Apart from the correct dissolution of the marriage, a divorce includes other relevant parameters as well, such as financial arrangements, maintenance after divorce and division of assets. The financial settlement, as well as other arrangements, are correlated with the laws of the country where the divorce is issued. Usually, international couples consume into consideration the aforementioned criteria before choosing a jurisdiction for their divorce. In order to evaluate all the available options, it is significant to consult a professional family lawyer. Nevertheless, any good advice should be taken before the inaugurate of any factual proceeding.
As it has been explained above, selecting the apt country in which to file a divorce petition may have a enormous impact on issues related to financial arrangements. Among the main aspects that need to be taken into story while choosing where you will file a divorce petition are:
– Financial Arrangements;
– Divorce proceedings and good cost in each country;
– The available injunctions for asset protection;
– The grounds for divorce;
– Parental care;
Some much advantages of Cyprus as a jurisdiction for divorce:
The parties must have lived in Cyprus for at least three months before filing a divorce application, regardless of nationality.
Divorce in Cyprus embeds only the dissolution of a marriage. Matters related to division of assets and maintenance after divorce will need to be arranged by separate applications.
Division of Assets:
A essential advantage of choosing Cyprus as a jurisdiction for divorce is that property accumulated prior to marriage is NOT taken into consideration when calculating assets accumulated during the marriage. In other words, marriage does not affect the proprietary independence of each spouse.
Nevertheless, the provisions of the -Law Regulating Property Relations of Spouses- (232/1991) . point out that if the property of one spouse has been increased during the marriage and the other spouse contributed; then the other spouse may claim the share of the property that has been increased due to his/her contribution. Usually, the contribution will be assumed to be 1/3 of the increase unless a larger or smaller contribution is proved.
Maintenance after divorce:
There is no doubt that marital life creates a right relationship on which one of the spouses may rely and claim maintenance after divorce. According to part 5 of Law 232/1991, the ancient spouse can apply for maintenance only if he/she cannot back him/herself financially and/or he/she is unable to work due to health problems or other obstacles.
Another grand advantage of choosing Cyprus as a jurisdiction for divorce is that the maintenance order can be shrimp or terminated if:
– This is imposed by serious reasons;
– The duration of the marriage was very short;
– The claimant voluntarily caused his/her poverty;
– The dissolution of the marriage was caused due to claimant-s fault;
Moreover, the maintenance order is terminated if:
– The beneficiary remarries or he/she cohabits with someone else in a originate of free union;
– One of the parties dies;
– The order is annulled by the Court;
Contact a professional lawyer and decide jurisdiction:
In the case of cross-border divorces, a professional family lawyer will assess all the available options and befriend international couples to resolve jurisdiction.