Legal Risks for International Couples & their Families

 

This post is from Laura Allen Kawasaki 2L at Regent University School of Law:

International relationships are great—but they come with legal complexities. Here are a few important questions to think through for anyone in an international relationship:

1. Can you legally live in the same country?

It sounds simple, but immigration can be one of the biggest hurdles for international couples. For instance, immigrating to the United States can take anywhere from several months to several years depending on the visa type. If living together in the U.S. (or any other country) is part of your plan, it’s best to start preparing well in advance—gathering documentation, understanding timelines, and planning for possible delays.

2. Does your country allow dual citizenship?

Not every country allows dual citizenship. Some countries automatically revoke your citizenship if you become a citizen of another country. Before applying for a second passport—or for your child’s dual citizenship—it is ideal to confirm your country’s rules to avoid unintended consequences, such as the loss of your original nationality.

3. Will your children qualify for citizenship in both countries?

Children born abroad do not always entitled to citizenship. Many countries require registration within a certain time frame, and missing the deadline can mean your child loses the right to claim citizenship later. Understanding these timelines early can save a lot of paperwork down the road.

4. How do inheritance laws apply to your family?

Inheritance laws vary across borders. In the U.S., individuals can decide who inherits their property. In contrast, some countries enforce “forced succession,” which means certain relatives must receive a portion of the estate by law. Renouncing citizenship or failing to maintain your child’s citizenship could unintentionally affect their rights to inherit from relatives abroad.

5. Is your prospective spouse single?

This one may seem obvious, but it is worth checking. Not all countries have marriage records, and in some, polygamy is legal. Before getting married, confirm that your partner is legally and actually single in every country where they may have been married. Otherwise, your marriage could face serious legal complications down the line.

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The bottom line: International couples face unique legal risks that non international couples will not encounter. A bit of research—and early legal guidance—can prevent years of stress and costly mistakes later on, and help keep families together.