In an increasingly globalized world, a growing number of families in Georgia have international ties, which can lead to complex cross-border legal disputes. At Legal Sandbox Georgia, we specialize in resolving international family law cases in Tbilisi, addressing issues complicated by a "foreign element," such as differing nationalities of spouses, residence in different countries, or assets located abroad. Our expertise is rooted in the Law of Georgia on Private International Law, which provides the critical framework for determining which country's court has jurisdiction and which country's laws should apply to your case, ensuring clarity and predictability in otherwise uncertain situations.
A primary challenge in any cross-border dispute is establishing jurisdiction—that is, determining which country's court is authorized to hear the case. According to the Law on Private International Law, Georgian courts generally have jurisdiction over family matters if one of the spouses is a citizen of Georgia, if their last common place of residence was in Georgia, or if the respondent has a place of residence in Georgia. Once jurisdiction is established, the next question is which country's substantive law will be applied to resolve issues like divorce. For example, Article 44 of the law states that divorce is governed by the law of the state where the spouses had their last common residence, offering a clear rule for international couples.
The division of marital property in an international context presents unique complexities, especially when assets are located in multiple countries. Article 45 of the Law on Private International Law dictates that the personal and property relations of spouses are governed by the law of their country of common nationality or, if they have different nationalities, by the law of their last common place of residence. Our lawyers meticulously analyze your situation to determine the applicable legal regime and jurisdiction, ensuring a comprehensive strategy for the fair division of all assets, regardless of their location, and advising on the recognition and enforcement of foreign court decisions.
Parent-child relationships, especially in cases of international child abduction, are among the most sensitive cross-border disputes. While Article 46 of the law addresses parent-child issues, Georgia is also a signatory to The Hague Convention on the Civil Aspects of International Child Abduction. This crucial international treaty aims for the prompt return of children who have been wrongfully removed from their country of habitual residence. Our team at Legal Sandbox Georgia is experienced in initiating and responding to Hague Convention proceedings, providing urgent and decisive legal action to protect your parental rights and secure your child's well-being across international borders.
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