INTERNATIONAL FAMILY LAW
FAMILY LAW
Due to the fact that an increasing number of people go abroad for work or to start a family, it becomes quite common for family disputes to include an element of foreignness. Divorce, child custody or alimony are procedures that are emotionally and procedurally complex. So, when we add the element of foreignness to that and also the possibility of initiating proceedings in several countries, we come to big dilemmas for the party.
dilemmas for the party. For example, it may be inevitable that a divorce will occur, and the spouses are nationals of different states, live in different states, or the marriage was contracted in a state in which they do not currently have residence. A large number of facts must be taken into account when determining the jurisdiction of the court for your family dispute. In international family disputes, it often happens that several states are competent to conduct the procedure. This means that the party in certain situations can choose the state in which he will initiate proceedings.
The question is – Where to file a lawsuit and how to conduct the procedure? Our lawyers can professionally identify for you all the procedural advantages and disadvantages of conducting proceedings in a particular state in order to choose for you the state in which they will most easily and in the best way represent you and protect your rights.
Our international family law lawyers represent clients in the following proceedings:
International divorce
We represent clients in complex international divorce proceedings.
Other international procedures
When it comes to other procedures with an element of foreignness (guardianship, alimony, inheritance law), the rules of private international law also apply. Our lawyers are able to help you exercise your family rights in Serbia, but also in a country where you or a member of your family does not reside.
International abduction of children
In case of unauthorized removal of a child across the border, the child’s guardian has the right to request the urgent return of the child in a special procedure. Our lawyers can prepare all the necessary documentation for you and initiate proceedings abroad to protect your abducted child.
Recognition of a foreign judgment
In order for a judgment or other decision from family relations to be valid in states other than the state in which it was issued, it is necessary to initiate the procedure of recognition of a foreign court decision before a court. If all conditions are fulfilled in the state that made the decision, the party can obtain an apostille certificate so that the decision can be used in all states that have ratified the Hague Convention on the abolition of the need to legalize documents..
When does international law apply to family disputes?
- When the parties are domiciled in different countries
- When the parties have different citizenship
- When the parties have a residence in one country and have concluded a marriage/contract in another
- In inheritance disputes, when the testator’s residence or the testator’s property are located in the state where the heirs do not
- In other situations provided by law
Representation abroad
As a family law office, we also deal with international family cases every day, which primarily include representation in Serbia and in Montenegro.
However, in certain situations it is necessary to conduct the procedure in some other countries, but we, as well as other lawyers in Serbia, do not have the possibility of direct representation of clients in those countries.
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International divorce
