Hague Divorce Convention Governs International Marriages, Separations

A November 2023 presentation of the New York Women’s Bar Association’s Matrimonial and Family Law Committee focuses on complex international matters. “Issue-Spotting the Basics of Hague Convention Matters in Matrimonial Cases” explores the Hague Divorce Convention, which was signed into law in 1970 and governs international marriages and separations.

Under the Hague Divorce Convention, participating countries must have central authorities in place that receive and process such legal separations. These serve as points of contact between the individuals who are involved in a divorce or separation when they reside in or are citizens of different countries.

This quasi-legal function is critical in situations where uncertainties exist regarding which country has jurisdiction over a specific divorce or separation. So long as both countries are party to the Hague Convention, it lays out a process for recognizing a separation or divorce that has been granted in one country as also legally effective in another country. This enables decisions regarding child custody, property division, and spousal support to be recognized and enforced. For international couples considering separation, it is incumbent to retain a divorce attorney with familiarity with the Hague Divorce Convention.

CBJC Protects Families from Predatory Partition Actions

The City Bar Justice Center (CBJC) broadens access to justice in New York City by promoting pro bono work among lawyers for the benefit of people facing socioeconomic barriers to justice. The CBJC is the largest division of the New York City Bar Association’s’ charitable affiliate, the City Bar Fund. One of CBJC’s programs is the Homeowner Stability Project (HSP).

HSP provides assistance to New York City homeowners with low incomes threatened by homelessness. The threat may arise from mortgage foreclosures, scams, or predatory practices. For example, one notorious predatory practice is the purchase of family homes through forced partition actions.

This is accomplished by the following actions. A person dies, leaving their home to their heirs. A real estate speculator buys one heir’s share of the property and then files a partition action in court. The action requests the court to split the property in portions and divide them among owners or to order a sale of the property, with the proceeds split among the owners. Strained by this legal process, many heirs opt to sell their share of the property to the speculator for a fraction of its fair value.

HSP works with many tenants in New York who have encountered such predatory investors. It recruits volunteer attorneys from top law firms to represent them, and to litigate when necessary to prevent home loss.