International Law - boyerlawfirmblog.com

Equitable Distribution

We all know divorce implies a division of the couple’s assets. However, this distribution will operate differently depending on whether or not the couple has a prenuptial or post nuptial contract governing the distribution. In the absence a contract, Court will apply the legal rules by default to determine the distribution.

Most of the countries in the world have adopted the community regime. This means that all property acquired by each of the spouses will remain his or her personal property. On the other hand, assets acquired after the marriage is considered common and will be distributed to both spouses after consideration of its value and each spouse’s contribution to its acquisition for some assets. This is true of most European countries, and some states like California.

Florida on the other hand distributes assets according to the principle of equitable distribution. This rule distinguishes between three types of assets: those of each spouse acquired prior to marriage, by each spouse during the marriage, and by the couple during the marriage. For assets acquired before marriage, it’s simple; Each spouse keeps what belonged to him or her before marriage.

How are common assets and separate assets acquired during the marriage distinguished? What about assets acquired by inheritance? Income? Joint bank accounts receiving income from both parties? Retirement plans?

These are a few of the many questions that need to be answered before initiating a divorce procedure. The help of a specialized and experienced lawyer will allow you to fully understand the material and financial consequences of your divorce. Your attorney will also be best able to defend your interests in the event of a dispute over the nature of an asset.

Contemplating divorce? Contact Boyer Law Firm, P.L. for an assessment of your legal options.

Social Media and Protection of Privacy

On April 10, 2018, following a substantial data leak affecting some 87 million users, Mark Zuckerberg, CEO of Facebook, appeared before the U.S. Senate for five hours. Among the questions asked by the Senate committee, the key concern was the respect and protection of user privacy. A week later, Whatsapp, Inc.’s appeared before the same committee to answer questions on the scandal hitting the company after hundreds of thousands of users’ private data were leaked.

Before that, the corporate giant, Apple, Inc. experienced the leak of iPhone users’ pictures and private data saved on their iCloud. This begs the question, what are users’ rights to privacy when it comes to social media? Why are there no civil suits against the GAFA (Google, Amazon, Facebook, Apple).

Despite the fast-developing legal protection in all countries, users’ privacy protection is quickly limited by their own behavior and actions. Indeed, when one creates an account on any social media platform, he or she is required to sign an agreement containing the terms and conditions of use of the said social media platform.

Therefore, when a user posts something on his account, he or she implicitly accepts his post to be public and so potentially used by others and even derived from its original context. The sale of users’ private data to private companies is essential for the social media platform to remain a free service. Facebook’s data policy is a more in-depth explanation regarding the handling of user data.

As Mr. Zuckerberg testified, users rarely read all the provisions of the Facebook Terms of Service they accept when creating their account. In the end, it all comes to basic contractual law.

Florida Civil Law Notary

What is a Florida Civil Law Notary?

The Florida Civil Law Notary appointment is a program in which Florida Attorneys who practice international law receive the ability to authenticate an act or attest to the validity of a document. A Florida Civil Law Notary, also known as an International Notary, may even perform regular notary public acts. A Florida Civil Notary is a Florida attorneys who is a member of the Florida Bar in good standing, who has been in the international law practice for at least five years and passes the state-administered exam.

What is the difference between a notary public and a civil law notary?

A Civil Law Notary has all of the powers of a common law notary. An International Notary, or Florida Civil Law Notary holds additional powers and responsibilities. As a notary public, ones duties may include attesting signatures, taking oaths or affidavits, and certifying copies. A Florida Civil Law Notary can perform all the actions of a notary public and are also authorized to authenticate the validity of a document, fact, or transaction.

Francis M. Boyer, Esq., principal attorney at Boyer Law Firm, P.L. is an appointed Florida Civil Law Notary. If you are in need of a civil law notary, please contact Boyer Law Firm today.

International Family Law – What is a migratory divorce?

Migratory Divorces

Will the U.S. recognize your international divorce? — International Divorce is a family law matter.

Depending on the classification of the divorce, the U.S. may or may not recognize its decree. Furthermore, divorce is a state law issue. In most divorce cases, the state considers the residency of the spouses, notice of the divorce decree, and public policy.

Types of International Divorce:

Bilateral : This is based on both spouses being present in the divorcing nation. “Being present” can include the petitioner being physically present in the divorcing nation and the respondent voluntarily appearing through an attorney. Bilateral divorces are when both spouses are subject to personal jurisdiction in the jurisdiction where the proceedings are happening. This can occur even if only one of the spouses is validly domiciled in that jurisdiction.

Ex Parte: This type occurs when the petitioner is physically in court and the respondent has notice or constructive service and is absent. “Ex parte” refers to a legal proceeding that takes place on behalf of only one party.

Notice is an important aspect of an ex parte arrangement because courts want to ensure that both spouses know about the impending divorce. You can provide notice to your spouse by personally serving them notice. Similarly, you can provide notice in other ways such as sending notice through certified mail or publishing a notice in the local newspaper. Courts typically recognize personal service of notice in every jurisdiction; however, sending notice by certified mail or publishing in a local newspaper may have certain qualifications.

Practical Recognition: Where one spouse is unable to challenge the validity of the foreign judgment because the challenge would be unfair. Equitable doctrines such as estoppel, and unclean hands can prevent a party from invalidating such an agreement.

Void Divorce: Where one spouse obtains a divorce in another country without notifying his or her spouse. The U.S. does not recognize this action.

If you have questions regarding whether the United States will recognize your divorce decree, please contact us. We have experienced attorneys who look forward to assisting you.

International Child Custody

International child custody cases can vary significantly in subject matter; however, the importance of attaining child custody is paramount. Usually, international child custody cases involve:

(1) A parent who does not trust another country’s court system for a custody case;

(2) A parent who wants to move abroad with the child after divorce or at the time of separation; OR

(3) A parent who has already moved abroad with the child without a custody hearing

In general, two important areas of law that ensure the state or country where the child has been living decide custody questions are The Hague Convention and the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).

Hague Convention

The Hague Convention on the Civil Aspects of International Child Abduction is an international treaty. Many countries including the U.S. and the United Kingdom signed the Hague Convention. The Convention provides for immediate return of children who are taken from their country of habitual residence in violation of custody rights. The convention applies to children under the age of 16 who were wrongfully removed or retained from/in another country. Wrongful removal does not mean whether the removal or retention was immoral or illegal. Wrongful removal is most similar to a breach of custody rights. In general, custody rights can include visitation and other rights relating to the care of the child.

Uniform Child Custody Jurisdiction and Enforcement Act

Child custody orders are modifiable orders, meaning that a court can change a child custody order depending on the circumstances. In these instances, parents or guardians can file an action under the UCCJEA to enforce or modify a foreign custody/access order. The UCCJEA amends the original UCCJA (Uniform Child Custody Jurisdiction Act). The Act gives jurisdiction over the action to the home state of the child. This means that a parent can file the action in the court where the child is living.

In the event that a foreign country has already issued a custody order, the UCCJEA can “override” the order if jurisdiction is more proper in the United States. This happens when a child is living in a U.S. state. Furthermore, The UCCJEA applies to children under the age of 18. When there is already a custody order, the country that issued it keeps jurisdiction over modification of the order; however, this can change when a new state has jurisdiction over the order under the UCCJA.

Contact an experienced attorney if you have a question regarding international child custody. Please contact us with any questions or concerns you may have, and we will be happy to assist you.