Conflicting Laws of Divorce

Austin, Texas (PressExposure) May 17, 2008 -- Conflict of laws, private international law, international private law, or international law, in common law systems, is that branch of international law and international interstate law that regulates all lawsuits involving a "foreign" law element where different judgments will result depending on which jurisdiction's laws are applied as the lex causae.

In divorce cases, when a Court is attempting to distribute marital property, if the divorcing couple is local and the property is local, then the Court applies its domestic law lex fori. Visit the Austin divorce lawyer to learn more about this.

The work of the Judge, and the lawyers in the case becomes much more complicated if foreign elements are thrown into the mix, such as the place of marriage is different than the territory where divorce was filed, or the parties nationality and residence do not match. Or there is property in foreign jurisdictions, or the parties have changed residence several times during the marriage.

These are just a few examples, and each time a spouse invokes the application of foreign law, the process of divorce slows down, as the parties are directed to brief the issue of conflict of laws, hire foreign attorneys to write legal opinions, and translations of the foreign law are required, at an extensive cost to both sides. Visit the Austin divorce lawyer about this.

Different jurisdictions follow different sets of rules, as outlined below. Before embarking on a conflict of law analysis, the Court must determine whether a property agreement governs the relationship between the parties. The property agreement must satisfy all formalities required in the Country where enforcement is sought.

Commercial agreements or prenuptial agreements generally do not require legal formalities to be observed, when married couples enter a property agreement, stringent requirements are imposed, including notarization, witnesses, special acknowledgment forms, and in some countries, it must be filed (or docketed) with a domestic Court, and the terms must be “so ordered” by a Judge.

This is done in order to ensure that no undue influence or oppression has been exerted by one spouse against the other. Check out what the Austin divorce lawyer has to offer about this.

Note that Lex Fori also applies to all procedural relief. Thus, issues such as the ability to grant pretrial relief, procedure and form, as well as statutes of limitations are classified as “procedure” and are always subject to domestic law where the divorce case is pending. To learn more about this, then visit the Austin divorce lawyer for details.

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Press Release Submitted On: May 14, 2008 at 8:40 am
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