In today’s globalized world, the Lebanese diaspora are living all over the world. They have settled in various places, forming new lives and often marrying people from different countries. Challenges in Lebanon, like economic issues and political instability, have also led many Lebanese couples to move abroad for better opportunities. This brings a mix of new experiences and challenges.
Among these changes, divorce can be a tough hurdle. It brings complex legal and emotional issues for Lebanese individuals and their international spouses.
In this guide designed for Lebanese nationals and their foreign spouses, we’ll break down the details of divorce when you’re living abroad. Whether you’re both Lebanese or one is from another country, this guide aims to give helpful insights and practical advice. We’ll discuss understanding the legal details, focusing on children’s well-being, and handling financial matters. Our goal is to help you navigate this challenging part of life with clarity and confidence.
Here are some Key Points to Consider:
Essentially International divorce cases involve three crucial aspects:
1- Where to file for divorce, determining jurisdiction?
2- Deciding the fate of children during divorce proceedings.
3- Resolving financial matters resulting from the divorce, including properties, assets, and compensation.
In the following sections, we will address these questions, focusing on cases where at least one member of the couple is Lebanese.
I- Where to File for the Divorce Case?
Amicable Divorce:
If you and your partner can agree on the divorce terms, it’s recommended to initiate the process through the Lebanese courts.
For civil or religious marriages, the divorce agreement gets acknowledged by the appropriate court – either civil or religious – and is executed in Lebanon. The court may conduct inquiries to ensure both parties genuinely agree. Once confirmed, the divorce is pronounced, leading to its execution in Lebanon. A divorce certificate is then issued and certified by the embassy of the non-Lebanese partner if applicable.
Note: In religious marriages, especially those involving the Catholic or Maronite Church, proceedings might take longer than civil or Muslim marriages. However, the settlement agreement will be recognized by religious courts, making the judgment enforceable both in Lebanon and abroad.
To achieve an amicable divorce, consider collaborative methods like mediation or negotiation. These approaches can help in reaching mutually acceptable agreements regarding child custody, asset division, and financial settlements.
Conflictual Divorce:
In cases of a contentious divorce, especially when the couple resides abroad, jurisdictional complexities can be challenging.
Several attachment links play a role in determining which courts have the authority to handle the case:
- Residency: Usually, the courts of the country where the couple resides hold jurisdiction over divorce proceedings, particularly if both parties are residents. If the couple lives in different countries, the courts of each respective country may claim jurisdiction.
- Nationality: If one or both spouses are Lebanese nationals, Lebanese courts have jurisdiction. However, if only one spouse is Lebanese, the courts of the foreign spouse’s nationality may also have jurisdiction based on their citizenship.
- Place of Marriage: Sometimes, the courts of the country where the marriage occurred may also have jurisdiction over divorce proceedings, especially in civil marriage contexts.
Selecting the most advantageous jurisdiction, based on the above links, for filing a divorce involving a Lebanese national requires careful consideration. A thorough analysis is essential to assess the situation and offer informed advice on where to initiate divorce proceedings. Developing a strategic approach is crucial, especially in contentious divorces, as the choice of jurisdiction significantly impacts the success of the strategy. Therefore, a detailed study of the circumstances is imperative to make an informed decision aligning with your interests and objectives.
When choosing the most suitable jurisdiction (based on the above-mentioned links), factors like the cost of legal proceedings, applicable laws, and potential outcomes based on those laws should be considered. However, the most crucial elements to be aware of are the following:
A. For Religious Marriages:
In the case of a religious marriage conducted in Lebanon, the Lebanese legal system exclusively grants jurisdiction to the respective religious courts—be it Christian or Muslim—based on the religion of the marriage. As a result, any judgment issued by a foreign court will not be acknowledged in Lebanon. Therefore, choosing the Lebanese religious court becomes mandatory for obtaining a divorce in Lebanon.
Despite this exclusive jurisdiction, it’s still possible to initiate divorce proceedings in a jurisdiction outside Lebanon. This could be the place of residence of either member of the couple or the location where the marriage was solemnized, if applicable. Either party with an interest may initiate or counterclaim the divorce case in a jurisdiction other than Lebanon based on these factors. However, any judgment issued in such cases will have global effects but won’t be recognized in Lebanon.
In certain situations, if one party does not have any interests in or attachments to Lebanon (for example: like a foreigner married to a Lebanese national residing abroad without ties to Lebanon) they can pursue their case abroad. Nevertheless, the judgment issued in such a scenario won’t be recognized in Lebanon. In such cases, the Lebanese partner may find it beneficial to initiate proceedings in Lebanon to ensure local recognition of the divorce and avoid potential consequences of remaining legally married in Lebanon, such as alimony or inheritance rights.
B. For Civil Marriages:
In the case of civil marriages, Lebanese courts do not have exclusive jurisdiction according to Lebanese law. The Lebanese courts can handle the divorce, and any judgment issued abroad will be recognized in Lebanon if the right of defence of the second party was respected.
Choosing to proceed with divorce in Lebanon, especially for civil marriages, is primarily influenced by the cost-effectiveness of the proceedings. Additionally, the principle of Lis pendens, which we will discuss further below, may play a significant role in this decision-making process.
C. International Lis Pendens:
In both religious and civil marriage cases, it’s essential to consider the possibility of the second party initiating proceedings in a different jurisdiction. For example, if a Lebanese national is married to an Italian national, and both are residing in the UAE where one of them starts divorce proceedings in the UAE, the other party may choose to counterclaim in Lebanon or in Italy.
This is the significance of understanding the principle of international Lis pendens, where multiple courts may have jurisdiction over the same dispute.
While some jurisdictions recognize and apply this Lis Pendens principle to avoid conflicting judgments, others do not. This discrepancy can result in jurisdictional conflicts and forum shopping, complicating the divorce process.
Presently, Lebanese Courts do not recognize international Lis pendens. If one party initiates proceedings in another jurisdiction and the other party counterclaims in Lebanon, the Lebanese court will proceed with the case. If the Lebanese court issues a judgment first, it will be executed in Lebanon.
However, if the foreign court’s judgment precedes any Lebanese Judgement, it will be submitted as a significant document in the Lebanese proceedings for consideration.
In divorce cases involving a Lebanese national, it’s often advantageous to be the first to file in Lebanon. Once proceedings begin in Lebanon, the other party may face challenges counterclaiming in another jurisdiction that recognizes international Lis pendens.
II- Child Custody and International Considerations:
Child custody is often one of the most emotionally charged aspects of divorce proceedings, especially for Lebanese expatriates living abroad.
When children are involved, several international considerations come into play:
Residency Jurisdiction:
Courts where the children reside are typically best suited to address issues related to their custody and alimony, even if the divorce case is initiated in another jurisdiction.
As a general international principle, the Court prioritizes the best interests of the child when determining custody. Factors considered include parental capability, stability, and the child’s preferences if applicable.
International Abduction Concerns:
During divorce proceedings, both parties must remain vigilant about the risk of international child abduction. Obtaining court orders from the relevant jurisdiction to prevent unauthorized travel or abduction is crucial for safeguarding the welfare of the children.
In cases of abduction, if the child is abducted to one of the countries that are signatories to the Hague Convention on the Civil Aspects of International Child Abduction, legal mechanisms exist to facilitate the prompt return of abducted children to their country of habitual residence.
However, if the child is abducted to Lebanon or a non-Hague Convention country, other solutions must be considered. Lebanese courts handle child abduction cases based on internal laws or through bilateral treaties or arrangements between Lebanon and other countries governing child abduction issues.
III- Property Division and Financial Settlements:
Dividing marital assets and settling financial matters can be highly contentious, especially in divorces involving Lebanese expatriates with assets spanning multiple countries.
The division of assets and financial settlements, including real estate, bank accounts, investments, and business interests, generally follows the laws and procedures of the jurisdictions where they are located.
In civil marriages, these matters may be addressed alongside the divorce case, but often they are handled separately and may be raised in different jurisdictions depending on the location of the assets.
Navigating divorce as a Lebanese national abroad or as a foreigner married to a Lebanese national involves unique challenges. Understanding jurisdictional matters, prioritizing the children’s well-being, and seeking expert legal assistance for asset division and financial settlements, individuals can effectively navigate the divorce process.
Every divorce case is unique, emphasizing the importance of personalized legal advice and representation. Seeking help from experienced professionals with expertise in international divorce and asset division is recommended.
A qualified attorney can provide invaluable guidance on managing complex jurisdictional issues, negotiating favorable settlements, and safeguarding financial well-being throughout the divorce proceedings.
If you need guidance or assistance, feel free to contact us at info@fakhrylawfirm.com.
Our experienced team is here to support you every step of the way.
