The implementation of the rules on jurisdiction regarding international matrimonial proceedings may become more complicated if not reviewed ahead of time.
What is the first thing that we should do?
We must first take a closer look on the rules and regulations so that we know in which direction to turn and before which State Court we should present our case.
Matrimonial proceedings include separation, divorce and annulment. This general framework includes all possible scenarios regarding any of the three proceedings.
What should we do if we want to file for divorce?
We first must figure out where we must present the case. In order to do this, we must establish the couple´s most recent common habitual residence, as long as one of the spouses still lives there.
What happens in cases of divorce by mutual agreement?
In order to determine where to submit our documentation, we must consider one of the following residences:
1.) Either of partner´s habitual residences
2.) The habitual residence of the petitioner during the year before submitting the application
3.) The habitual residence of the petitioner during the last six months before submitting the application as long as he is a national of the State
Why is this information of importance to us?
This information is important to us because it tells us in which country and before which State Court we should present our case. In immigration law, it is essential that we establish to whom we want to present our case so that it gets resolved as quickly and as efficiently as possible.
Translated by: Katherine Pascal