High-profile people have been known to fly off to a foreign country and get a divorce. But did you know that Divorce in Haiti and the Caribbean is easier than many people think? If you are anywhere globally, you can still unify your marriage with someone else and get divorced.
A vinculo matrimonii is a Latin term used to denote a complete and final dissolution of marriage bindings instead of a legal separation.
Divorce rates are high. More than 50% of marriages in the western world end in divorce.
If you’re struggling with your divorce or that of a close family member or friend, we hope this article can provide some guidance.
Divorce can be a traumatic experience, but it also provides opportunities for a fresh start. Foreign divorces are fast, affordable, and valid, which might give you exactly what you’re looking for.
It’s pretty rare to discover someone interested in offshore divorces, which are new to people in the Western world. When it comes to this matter, divorce lawyers usually don’t have their primary objective by dragging out the process. They’re supposed to do just the opposite – help you finish your case quickly and with ease.
However, things are changing. More and more people are starting to see the advantages of an offshore divorce over a domestic one. It’s an exciting time for those who want to part ways amicably with their spouses to start fresh, but there are still challenges to a potential offshore divorce.
In many US states, divorce proceedings can take up to two years from the first day at court. Even if you’re on good terms, both parties decide with no fuss or friction and have an amicable split – it can still take that long.
Elsewhere, obstacles to divorce are more challenging to overcome. Such is the case in Ireland, where you must wait a minimum of four years before this can happen and as many as ten years if children are involved. For example, in the Philippines, there is no possibility of divorce whatsoever.
A lot of people ask how “quickie divorces” came about. For centuries, divorce was a complex process that involved legal agreements and waiting periods.
However, when governments began implementing and enforcing marriage contracts in the 17th century, it became more complicated as couples would automatically be expected to get divorced after a limited time if their contract ended.
Mexico Quick Foreign Divorce
Mexico is credited with developing the “quickie” foreign divorce business. Back in the 50s and 60s, many people used to fly down to Acapulco for a fast-track split. Tabasco has also had a go of it; they launched an offshore operation in the 70s.
However, all of this has changed. The changes to the Law on Mexican nationality and naturalization that went into effect in March of 1971 require a foreigner to be legally residing in Mexico before they can apply for a Mexican divorce.
Divorce can be a rather complicated process, and many foreigners find it not practical to even start the process. This is because of restrictions on becoming a legal resident, which takes several months, and few foreigners will want to wait that long.
It may seem hard to believe, but people are still offering Mexican divorce packages over the internet even though it was made illegal in the 1970s. This is a scam people should be aware of.
Can you get divorced in Haiti?
Many divorces happen in the Western Hemisphere, which is considered fast- one of them is on Hispaniola. In addition, there are two other countries close by Puerto Rico and the US Virgin Islands. The Hispaniola divorce rate is the highest in the Western Hemisphere.
The Mexican congress made the quickie divorce business illegal just a few months after religious groups (who weren’t going along with it) managed to prevent this.
A lawyer from Mexico managed to persuade lawmakers in the Dominican Republic to pass law 142, which allows foreigners to get divorced quickly and easily.
The Republic of Haiti on Hispaniola’s island passed laws that made divorcing simpler in 1974.
The VIP Divorce also called the ‘quickie divorce,’ is becoming increasingly popular among celebrities and famous people. People are choosing this type of divorce because it typically has a shorter timeline and less stringent conditions than other types of divorces.
Yes, these people have money. But Caribbean divorces don’t have to cost as much as expected! They are becoming more and more popular with ordinary citizens and global citizen families, who may well have roots in some of the Caribbean countries.
Divorce in Haiti vs. the Dominican Republic.
The Dominican Republic is a country that has faced many challenges over the years, but it’s still managed to grow and is now a high-tourist spot.
Therefore, it’s preferable to get a divorce in the Dominican Republic.
A Haitian divorce is slightly less straightforward and more complicated than a Dominican one. But, rest assured, Haitian law is still valid despite the country’s poverty and low stability.
A crucial difference between the Dominican Republic and Canada is that in the Dominican Republic, mutual consent is required. The defendant’s spouse does not have to travel there but will be required to sign paperwork with a consul who lays down the conditions for an uncontested divorce.
However, Haiti continues to allow unilateral divorce. This may be useful if the consent of one party cannot be obtained for whatever reason but is needed for an operation or other reason.
Public notices have to be put in a newspaper in Haiti, after which the default judgment of divorce is granted if no reply is received from the spouse within 21 days.
Considering Other Jurisdictions
As you might have guessed, most people’s primary question is whether offshore divorces will be legally binding in their country or wherever else they need it to be valid.
Divorce is a complex and emotional process for those going through it. People who would like to avoid the lengthy divorce process in their own country may go overseas to a jurisdiction with more straightforward divorce procedures.
It’s up for debate whether it is accepted where you live. It’s also a fact that more than 99.9% of divorces worldwide are never disputed. The only person who will disagree is your spouse.
Most people will get their spouse’s written consent beforehand, and then the spouse is prevented from denying these claims later by the legal principle of estoppel. Estoppel means you are not allowed to negate a particular claim legally because you have previously “agreed” with this idea.
In the US, many courts will accept international divorces. It depends on whether the court feels that they should apply to your specific case.
The Social Security Administration and the Veterans Administration are several government departments that recognize international divorces. The state department requires US embassies abroad to validate foreign divorces.
This is done by giving the signatures of foreign courts “full faith and credit,” something that they do routinely. However, not all US states recognize foreign divorces, including California, should be noted. (Some cases even exclude Nevada divorces).
This law aims to promote the public interest, which has nothing to do with greedy Californian lawyers wanting all the opportunities!
Part II of the Family Law Act 1986 governs divorce in England and Wales. Section 51(c) of that act gives the English court power to refuse to recognize an overseas divorce if it would not be appropriate.
Some courts might refuse to recognize the divorce if it was granted without notice to the other party. This could be true in Haiti but would depend on the court’s discretion.
The English courts seem to have the power to refuse to recognize foreign divorces. Still, we can see that this is not a recent phenomenon, and one of the thousands of Brits who have obtained Caribbean divorces has not had any legal problems.
Divorce in Haiti provides a quick way to end a marriage. In many cases, it’ll be cheaper, less stressful, and financially beneficial than in other countries where the divorce process is both slow and can be expensive. Although the process may seem simple, you’ll need to document why you want to split up.
This article was intended to be a brief intro to a complex subject, so if you want to learn more about this topic, make sure you get in touch with a professional. And don’t forget to do your research as well!
