Tips for Expats

Lesson? Talk to a family law expert before moving

Especially if you’re just “trying it out,” get any agreement in writing. Even then, foreign courts might ignore it if they think something else is better for the child.

Also, think about how a move could affect divorce. A solid prenuptial agreement made in the U.S. might not be valid elsewhere. For instance, England doesn’t always enforce prenups and doesn’t separate premarital and marital property the way the U.S. does. You could lose more than you expect.

Tips if you’re going abroad with your spouse:

• Don’t sell your home in the States. Keeping a residence makes it easier to argue that your “real home” is still in the U.S.
  
  
• Stay connected to your job or career network, if possible.
  
  
• Keep in touch with friends and family.
  
  
• If you’re considering divorce, plan carefully. Talk to a lawyer who knows international law. Timing, location, and even gathering evidence can make a huge difference.
  
  

And whatever you do, don’t take the kids and leave without legal advice. You could be charged with kidnapping and sent back by a U.S. court—plus cover your ex’s legal bills. Instead, plan with a professional.

If it’s your partner who’s unhappy and might leave with the kids, try to communicate and suggest counseling. In serious cases, you may need to take preventive steps, like securing passports or alerting authorities.

Expecting a baby abroad?

Think carefully. Once a child is born in another country, that place may be considered their legal residence. That can cause major problems later if you want to move.

Lastly, don’t assume local services won’t help because you’re a foreigner. Many countries offer excellent support. And in legal cases, U.S. courts expect you to have tried those resources before claiming a risk to the child.

Bottom line: Don’t go it alone

Local divorce lawyers might not see the whole picture. An international family law specialist can help you avoid painful surprises down the line.