Posted on April 27, 2009
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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.
Posted on October 31, 2008
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“Gold, you and your cohorts have been accused of misleading investors into thinking that you would help them preserve their wealth, when exactly the opposite has been true of late. How do you plead?”
That’s the subject of a fascinating new debate article by David Galland of Casey Research, recently submitted to the Free Articles area at Q Wealth Report.
“Just today we’ve seen the dollar dipping once again into its downward spiral.” says offshore finance guru Peter Macfarlane. “Don’t be misled by short term booms!”
Peter also offers up further evidence on his blog that the government’s conspiracy to control money is breaking, sovereign countries such as Belarus and Guyana are beginning to reject the so-called anti money laundering controls that the US is seeking to impose on the rest of the world.
A lucky few will be joining us in Panama just after the US elections for Peter’s next Recipes for Success workshop event. See www.QWealthEvents.com for more details!
Posted on September 27, 2008
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What a “Last Plane Account” is – and why you need one!
By Peter Macfarlane for Security Privacy Freedom
I recently read an interesting article by Jeff Turk, founder of Goldmoney, the most serious of the digital gold systems. Back in the 1980s Jeff used to work in the Far East branch offices of major U.S. banks. One of his jobs was private banking for wealthy Asians. One of the specialities of American banks in those days was what were referred to internally “Last Plane Accounts.” Of course they were not sold to the clients under that name, but it was a routine part of a portfolio for a person of means.
With Communist China at the door, nobody knowing what would happen with the handover of Hong Kong from British to Chinese rule, and various other regional instabilities and hostile governments, there was a high risk that businessmen would have to emigrate at short notice.
The point of the “Last Plane Account” was that if the proverbial doo-doo hit the fan in their country, the businessman and his family could be on the last plane out of the place and step safely into a new life that was already there waiting for them, with a nest-egg that had been built up abroad. This was something like an insurance policy – the clients hoped they would never need it, but having it in place meant they could sleep sounder at night.
Besides the bank account itself, part of the ‘Last Plane’ preparations was of course a second passport… many Hong Kong Chinese, for example, were able to acquire passports from Canada, the UK, Australia or New Zealand. Those that couldn’t but still had money might have gone for the Belize economic citizenship program. Other preparations frequently included purchase of real estate overseas, and sending kids to boarding schools in the west where they would acquire the language and cultural skills that you really only learn by living in a country.
The USA was a very popular choice for banking in those days, and not just because of the strong dollar. Obviously, there would have been no point in opening a “Last Plane Account” in a local bank, that would most likely have been taken over, nationalized or looted in the event of an invasion, the top bankers having already left on an earlier plane because they didn’t have businesses to worry about. The USA, with its liberal economy, represented the epitomy of freedom. Opening an account in the USA meant the money would be safe, well out of reach of a future unfriendly home government, such as a Red Chinese government that might have taken over freewheeling Hong Kong.
In those days, as he pointed out in his recent article, Jeff would never have thought of making “Last Plane” style preparations for wealthy American clients. No doubt he would have thought that Brits or Aussies were quite safe too.
But now, the tide has turned. The five bank collapses in the USA this year, the FDIC expecting more, and regulators scraping around to prop up Fannie Mae and Freddie Mac may be just the tip of the iceberg. And, of course, much more than just the USA itself depends on the heavily linked global financial system, as for example shareholders of Northern Rock and more recently Bradford and Bingley have found to their cost.
There have been recessions before. Maybe the current problems with the financial system will blow over. Let’s hope so.
But having a “Last Plane Account” is just about being sensibly and responsibly prepared for all kinds of unforeseen eventualities that can happen in turbulent times. You will hope you never need it – but if you ever do, you’ll be glad you did. And even if you never need it, it can help you live your life stress-free.
How do you open a Last Plane Account? Well, it needs to be well outside the reach of any governments that could be hostile to you in the future. It needs to be in a bank that has the least possible exposure to systemic instability. And it needs to be diversified across different classes of assets, to spread the risk.
Beyond that, a good place to start might be the Q Practical Offshore Banking Guide 2008 which is available for instant download to members of The Q Wealth Report – your guide to International Wealth Creation.