The problems that can arise are numerous and range from the peculiarities of the marriage to its dissolution through all the legal relations of parents with their children and between them. This seeks to clarify the basic concepts from the point of view of law. Davies Law Firm Toronto is here to help you with this matter.
As always, it should be noted here that such material can by no means cover all the legal matter and does not seek to displace the need for a competent opinion in the event of a specific problem.
Marital relations, dissolution of marriage and consequences, alimony and parental rights.
International Legal Relations
1.Marriage
The substantive legal requirements for marriage are determined by the native substantive law. The law distinguishes between unilateral and bilateral requirements. Unilateral requirements must be fulfilled only under the law of the respective spouse, and bilateral – according to the legal systems of both spouses.
- Family-legal relations
Family-legal relations between spouses of different citizenship are regulated by law. There are 3 different criteria by which the jurisdiction of which state is subject to family law is determined:
The law of the state of which both spouses are nationals or the state of last citizenship of the marriage.
The law of the State of the permanent residence of the two spouses or of the State where they have resided permanently during the marriage.
The law of the state to which the spouses are most closely bound. Each criterion excludes the application of the next one. That is to say – in the case of a marriage in another country between two people of another nationality, the family law relationship is determined by the family law from where they come.
In the event that one of the spouses has dual citizenship, the spouses can choose the law of the state according to which the family relations are determined if the other spouse is also a citizen of that state. The consent between the spouses must be notarized. In the event that the spouse’s state allows such an agreement without notarization, the agreement concluded there is also recognized in the other country. The agreement loses its force at the moment when both spouses acquire the same citizenship. I.e. spouses may choose the right to determine their property relations regardless of other family-law relationships. At least one of the spouses is required to be a national of the country concerned, residing there permanently or in real estate – the country where they are located.
The wording “if this is not fulfilled”, means again the hierarchical application of individual points – if there are requirements for a certain point, it excludes the application of the certain points. According to the Rome-III Regulation, the aforementioned provisions apply only to divorce cases. The application to cases concerning the effects of divorce such as property relations and the equalization of social aspects is excluded.
