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Problem Terminated: Instant Quickie or Offshore Divorces

Posted on April 27, 2009

Need to get rid of your spouse with or without his or her agreement? Consider the Dominican Republic or Haiti, both countries on the island of Hispaniola which has some of the most liberal international divorce laws and family law courts in the world.

This Caribbean island’s white sandy beaches and crystal clear waters have always been a popular setting for weddings. It is also the place for quickie divorces. For years,  the Dominican Republic’s easy and fast divorce laws have attracted showbiz stars like Diana Ross and Michael Jackson, seeking quick splits without publicity.

Some foreign courts question the validity of international divorces obtained in foreign countries by non-residents of those third countries. Yet a good family or divorce lawyer who is familiar with international legal requirements can arrange to have such decrees validated in most jurisdictions.

If you are ready to get hitched to a new honey but you need offshore divorce papers first, here’s a quick rundown on how it works….

MUTUAL CONSENT EXPRESS DIVORCE IN THE DOMINICAN REPUBLIC

The Dominican Republic, some years ago, offered unilateral divorces for spouses where the divorce might otherwise have been contested, but this is no longer possible except in exceptional circumstances. This ‘exceptional circumstance’ stuff is lawyer talk. It means, without mutual consent it will cost you more, and the courts in your home country (where your spouse is living) won’t recognize it if your spouse doesn’t. You may end up unmarried and re-married to someone else in the rest of the world, but not in your home country.

However, if both parties to a marriage agree to submit to the jurisdiction of the Dominican international family/divorce law courts, the case can be heard there without any need for residence or even the physical presence of the couple in question. They simply need to sign powers of attorney authorizing lawyers to represent them. If there is no contest, the file – including any separation and child custody agreements – can be given an official rubber stamp fast. Your valid, uncontested divorce is often granted faster and cheaper than it would be in your home country. If there is no contest or disagreement, you are both single again.

The downside is that if both parties don’t appear personally, one can always claim that there was some fraud involved. In later years, this could mean claims over property rights or custody of children. Unfortunately, in legal matters, anyone can sue anyone else for anything at any time. There is no certainty. The value of a divorce decree or any court order is always in doubt because it can be challenged later. The best way to make an arrangement that sticks is to have independent lawyers on both sides agree on sort of a contract (separation agreement) that covers all the possibilities you and your lawyers can think of. If this is later deemed to have been a fair arrangement for both sides, with no fraud or duress, the odds are that it will ’stick.’

UNILATERAL DIVORCE: HAITI TAKES OVER

The main advantage of Haiti, a relatively new player in the international divorce game, is that mutual consent is not required. You simply petition the court for a divorce and it is automatically granted.

The grounds used for unilateral international divorce are ‘incompatibility.’ This is proven by simply the fact that one of the parties is seeking a divorce. Therefore, there is no need to determine fault.

The only difficulty is that the person wanting the divorce has to be there in person for the hearing. The price (depending on the lawyer you use) will be higher than in the Dominican Republic.

There also a few other options. Divorce laws are in a state of flux in most countries. Your particular needs (child custody and property disputes) may require a preliminary consultation with an expert who knows the current rules, both in your country and in the places where instant divorces are available. Nevada, for instance has long been a favourite venue for both quick marriages and divorces that must, by law, be recognized in all other states of the USA. The last time we looked however, a six week physical residence was required.

It is always better if both parties agree to divorce and agree on all the terms. But a unilateral or one party divorce can be useful if one party simply refuses to end the status, or if both parties still live in a country that simply does not allow divorces. People from these countries can divorce abroad. The ramifications and complications of such a divorce could take a large book to cover, but the short version is that their divorce will be recognized everywhere but in their home country. And for some purposes, it may be recognized in the home country as well.

This information is kindly supplied by Express Offshore Divorces from the VIP Express Divorce Kit, published by Expat Wealth.

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