narrowing a divorce question down

Very simple, make her sign a PRENUP in both countries.
Then all she gets are the piglets and none of your heart earned assets from before the marriage.

Bob!!! you're getting married???? Congratulations!!!

I know I know, couldn't help myself.

but seriously now, I like your questions, I think many here would be intersted in knowing those answers.

Now wouldn't it be funny if Bob is going to give her the ring over Christmas, and DR1 knows before she does?

That actually would be pretty pathetic, no offense Bob, you let the cat out of the bag.

Congratulations!

tambo

a ring....to which one? Time for a lottery.

Just kiddin Bob

Laws in DR

http://www.dr1.com/forums/125400-post6.html

As for the laws in your own land check with a lawyer in your own country.

laurapasinifan said:

that question hasnt been answered....

thanks

bob

Click to expand...

well if you're really lucky and people don't make a mess out of your thread Mr Guzman will answer your question when he has a minute

And the answer is....

laurapasinifan said:

I know it has been the subject of many many posts...and I remember some of the replies...but they were general.
I remember reading that a spouse can get 50 % of the assets of a marriage....now the technical fine tuning....if an american marrys a dominican woman and moves to the DR....are possessions and monies in american accounts subject to a divorce decree issued in the DR on behalf of the dominican spouse?

further if the american spouse were to travel to the DR ,and find papers served against them...would they be put in jail till a bond or payment of the divorce settlement were reached....assuming the DR courts can reach or try to reach back into america to get assets.

secondly...if a dominican marrys an american and moves to america...then after several years flies back to the DR and files for divorce.....are the assets in america subject to any decree issued in the DR????

would an american court try to help a dominican court recover judgements issued in the DR???

thanks

dont read too much into the question,......it is for general knowledge...not a bad thing to have in life.. ha ha ha

bob

Click to expand...

Bob:

It depends.

From the American side, it depends on what state you live in. Some states recognize Dominican divorces and some do not. States that recognize them may be more inclined to enforce cross border judgments. This will, of course, vary even amongst states that recognize Dominican divorces as many times the separation agreements have already been drafted and signed in the parties respective home state and the only reason the D.R. becomes involved is to expedite the time frames for it to become legal. Thus you have people flying there for the sole purpose of the reduced waiting periods for a final judgment.

Your questions are general, involve two countries laws, sovereignty and 50 sets of individual states rights. Without really narrowing down where you get married (state and country) there is no easy answer that will be forthcoming when it comes to marriage/divorce in one country and property in another and divorce settlements involving one or both.

Perhaps Dominican law is clearer on the issue and Fabio may way in....but the question remains, would an American court, in your state, give full faith and credit to a Dominican courts divorce decree and subsequent property settlement. Once again, It Depends!!


Respectfully,
Playacaribe2

Your question boils down to determining the law which will govern your marriage, whether American or Dominican law.

To start, a distinction must be made between jurisdiction and applicable law. An American court may have jurisdiction in a case but apply a foreign law, let?s say, Dominican law. (I personally have been involved in many cases in which I have been asked to testify or provide affidavits to American courts on Dominican legal issues.) A Dominican court may in the same fashion apply American law to a case.

If you marry a Dominican citizen in the Dominican Republic, while you are a resident of this country, it is quite certain that your marriage will be governed by Dominican law.

In case of a divorce, no matter where your wife sues you, Dominican Republic or the US, the applicable law will be Dominican law. Likewise, a ruling of a Dominican court regarding the divorce may be enforced in the US.

laurapasinifan said:

even before that palyacaribe....does the DR court even consider going after the american assets?......answering that would be a first step...if they do...the DR court or divorce laywer only needs to hire an american lawyer to put liens on accounts on thier behalf......

I have time.....

bob

Click to expand...

Bob:

I believe it would be your ex-spouse armed with a Dominican Judicial decree, not the Dominican courts, that would be pursuing your assests in the USA. AND, as anybody who has ever gone through the legal process knows, finding your assets and collecting on them are the really difficult part.

The best advice as a first line of defense, as has already been stated, is in getting a pre-nup drafted, having competent counsel for both parties, and having the document writen and legalized/notarized in English and Spanish.


Respectfully,
Playacaribe2

laurapasinifan said:

is that the same as saying...YES.. the dominican court will include those previous held US bank accounts in the divorce settlement and award 50% to the dominican born spouse?

thanks for the reply

bob

Click to expand...

Bob,
Read this thread where Fabio discusses property division, community property and pre-nups. It appears that previous bank acounts become community property subject to a 50-50 split unless there is a pre-nup. http://www.dr1.com/forums/legal/22118-seperation-assets.html?highlight=immovable

No Easy Answers

Fabio J. Guzman said:

Your question boils down to determining the law which will govern your marriage, whether American or Dominican law.

To start, a distinction must be made between jurisdiction and applicable law. An American court may have jurisdiction in a case but apply a foreign law, let?s say, Dominican law. (I personally have been involved in many cases in which I have been asked to testify or provide affidavits to American courts on Dominican legal issues.) A Dominican court may in the same fashion apply American law to a case.

If you marry a Dominican citizen in the Dominican Republic, while you are a resident of this country, it is quite certain that your marriage will be governed by Dominican law.

In case of a divorce, no matter where your wife sues you, Dominican Republic or the US, the applicable law will be Dominican law. Likewise, a ruling of a Dominican court regarding the divorce may be enforced in the US.

Click to expand...

Fabio:

I think Bob's post above concerns itself with the word "may." In your usage did you mean it to say "may" as in might, possibly or "may" as in the granting of permission, i.e., you may now proceed. It can be interpreted in different ways by different people. It is afterall much like another favorite word of lawyers...."reasonable."

Another distinction that should be made here is the application of Dominican Law in U.S. Courts and vice versa, and the enforcement of Dominican Law in U.S. Courts and vice versa. While I agree with you on either country being able to apply one countries laws in the courts of the other, taking an order or decree rendered in one country and getting it enforced in another is a much different matter.

One such example that comes to mind is the U.S. citizen involved in the Plan Renove case. I believe our courts refused the extradition request of the Dominican government. And, I believe that there are numerous instances where the Dominican government has refused our extradition requests of some of its citizens. This is a refusal of one country to honor the legal system decrees of another.

The point here is that while we can quote the law in each of our respective countries, when citizens of two different countries entwine the law of those same two countries, there is no "bright line rule" on what may or may not happen when cross border enforcement is requested.


Respectfully,
Playacaribe2

Much clearer now

laurapasinifan said:

howmar...it isnt beyond belief that all the terms and conditions expressed by my Guzman are ment to apply INSIDE the Dominican Republic...

I know anyone can be sued for anything..but it doesnt mean they will win though

so the little stickler I have been trying to get answered on the question that "all" assets become community property upon marriage...INSIDE THE DR.......do assets OUTSIDE THE DR apply?

you would think "ALL" would answer that...but because a condition of the law is that the marriage must take place INSIDE the DR....there ...MAY be a condition that predjudices..... the term "ALL"......................as in

INSIDE THE DR..... all assets inside the DR where the marriage took place

but I guess Ill just let it go...so everyone doesnt think I am being a pain in the "a"...for not thinking my question was answered already....

but I appreciate all the replies......

and hopefully none of us have to worry about those kind of details in our lives..

bob

Click to expand...

Bob:

So if I understand you, your question should be framed and addressed to Fabio this way:

"Whether under Dominican Law, ALL property, wherever situated, of the non-Dominican spouse becomes community property upon a marriage in the Dominican Republic to a Dominican citizen."

Am I interpreting you correctly now? Forgive my earlier answers as they tried to address your multiple "what if" scenarios of your first post.

Fabio's answer to that question will no doubt be extremely helpful to those non-Dominicans contemplating marriage to a Dominican citizen.


Respectfully,
Playacaribe2

playacaribe2 said:

Bob:


"Whether under Dominican Law, ALL property, wherever situated, of the non-Dominican spouse becomes community property upon a marriage in the Dominican Republic to a Dominican citizen."


Respectfully,
Playacaribe2

Click to expand...

That question is still vague as the community property law differentiates between immovable property (real estate) and movable (other assets). Previously owned real estate does not become cummunity property as I understand it.