Divorce from a foreigner abroad is a substantial arrangement that causes a lot of worries and questions. Let’s have a look into the legal subtleties associated with the topic. Property legal relations abroad have their own characteristics. The termination of a marriage relationship often entails the division of property abroad. Here we have to take into account the peculiarities of legal regulation in the two countries.
Legal assistance in the division of property abroad
Many people believe that the division of foreign property in a divorce is something from the life of the oligarchs. But common Romanians can also have villas in Nice, Bali, etc. It has long been not a novelty for fellow citizens to have apartments in Turkey, Bulgaria, Georgia, and other resorts. Moreover, we should also consider movable property registered in another country – cars, boats, etc.
The division of property upon divorce abroad takes place according to the laws of the state in which the said property was acquired. Legal assistance abroad is needed not only during the entire divorce process but also:
- at the stage of concluding a marriage contract;
- for translation and legalization of documents;
- when obtaining documents abroad.
A free consultation will help you choose the right property regime for the USA, Europe, Canada.
How to carry out the division of real estate abroad
To divide jointly acquired property in the pre-trial and judicial order, you will need a lawyer on the division of property abroad. A qualified representative will help the parties determine the fair share of the property.
In a peaceful settlement, the spouses draw up a list of all property. It is necessary to agree on who will get what property and in what shares. There is an equal exchange, and there are also unequal ones. If the spouses make an agreement, then the law does not prevent this. A lawyer will help you draw up and certify a written agreement. Each spouse will receive his own copy, on the basis of which documents are submitted for registration of the arisen rights.
If it comes to court, only property acquired abroad will be divided. The division of Romanian property will have to be carried out on the territory of Romania.
An additional difficulty is the enforceability of court decisions. Each state has its own principles of enforceability and legality. Often, family relationships with the participation of foreigners are associated with several states with different legal systems. Our lawyer will help you understand the foreign legislation. Sign up for a consultation!