International Divorces
International divorces can be very complicated. Different jurisdictions have different requirements. A British expat wife has just lost an appeal to divorce her wealthy husband and therefore now they are still married.
The couple lived together as husband and wife in Spain. However following a row, Mrs Saward decided to petition for divorce in the UK believing she would achieve a better financial settlement there than in Spain. However Mr Saward argued that the UK had no jurisidiction over him, because despite being British and owning many properties in the UK, he was no longer a resident there.
Chaninat and Leeds are international divorce lawyers
Mrs Saward was initially granted a decree nisi, but following an appeal by her husband, this was overturned and the couple remain married.
Under Spanish law, any joint assets are divided equally following a separation even if the couple are not married. If an asset is only in one name it does not form part of any settlement equation, even if the couple are married – it stays the property of the person who owns it. This is why Mrs Saward sought to divorce in the UK and not Spain.
Thailand is a “Community Property” jurisdiction. Therefore in a Thailand divorce, separate property (sin suan tua), namely assets and property acquired before marriage, generally remains the property of the owner. Assets and property acquired during marriage are commonly considered community property with both spouses having ownership rights. The rules regarding division of property are complex and the Thai Courts will divide the property according to the law and individual facts of the case.
Debts incurred during the marriage, whether they are household, medical, or educational, are normally the responsibility of both parties.
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