Divorce in Cambodia and recognition in Hungary and the USA

write to you concerning a divorce case that is unique.

I married a Hungarian woman, Rita, back in 2002 in Budapest. I am an

American-Latvian, working internationally as an economist. Once married, Rita, through me,

obtained American citizenship while retaining her Hungarian citizenship. So, we

both are dual citizens but only one country, the USA, is common between

us. We moved from Hungary to Cambodia in October 2008 for me to take a position with

the United Nations. While in Cambodia, Rita was having a secrete affair

with a Hungarian man and she went back to Hungary under the false claim

to visit her mother for a few months. Upon return, after some time, on 3

October 2009, she announced that she will leave me because “things

change” and left for Hungary to be with her new found lover. In December 2010, I

filed for divorce from her here in Cambodia under their laws (Family

Law). The divorce procedure is rather complicated here but we went through two

reconciliation hearings at the lower court and two hearings, lasting one

year; all in compliance with Cambodia Family Law. She responded in writing to all hearings.

I hired a Cambodian lawyer and both of us were present at these four

hearings. Rita chose not to attend because; she claimed to have no money

and then because she was pregnant by this new lover. She had a child by

him in July 2010. Rita and I did not have children due to some

unexplained medical reason for which we tried to seek medical help but a pregnancy did not

result through this type of intervention.

We own in equal shares a beautiful flat in Budapest that I

bought before our marriage when I lived in Budapest back in the early 90s

and then upon marrying her she convinced me to liquidate the company that

I bought the flat under and obtain a 50-50 share in the flat.

The court procedure was followed according to Cambodian law for the

divorce to proceed. She responded to all of the hearings in writing and

never contested the Jurisdiction of the Cambodian court nor the divorce

itself expect for her one written statement at the last hearing when she

wanted the court to transfer the case to Hungary

and also she would agree to the divorce only on her conditions of distribution of assets.

Please find attached a copy of the first page and last page of the Cambodian court Judgment

issued on 14 December 2011. The court ruled that they have jurisdiction

over this case and that the divorce was granted but not the property

division that Rita requested but only the two items that we both agreed

to; namely the division of our flat in Hungary in two equal shares and

also the division of the car in two equal shares. I believe once you read

the Judgment you will see the terms of the divorce decided here in

Cambodia.

She now has appealed the decision of the lower court and wants

the higher court here to over rule the decision granting her all that she

wished in terms of my assets and money which do not exist along with

alimony to support her and what is on paper my child (at the time of

birth, I was still legally married to her but I am not the biological

father).

Please, I ask you to review this case based on what I have written here

and provide me your opinion in terms of my options.

Since she appealed the case here in Cambodia, she in my

opinion, recognized Cambodian jurisdiction over this divorce case. But,

can I proceed in Hungary to have the lower courts Judgment to be

legalized in terms of the divorce and the property division/alimony claim (as these are two separate issues)?

Or, should I proceed to wait until the higher court here rules on the case

which might take years? She submitted a request for an appeal in English language and the court does not understand what she is asking

for since the Cambodian court only recognizes Khmer language.

Can I under Hungarian Law try to obtain my flat

back from her in equal shares outside the divorce? My Cambodian lawyer

believes the outcome of the appeal would be exactly the same as the one

that the lower court issued (see attachment). In Hungary, if I filed for

a divorce, would the outcome have been the same as the one that the lower

court issued in its Judgment given that I had domicile in Cambodia, she responded to

every hearing in writing that I translated for her through a court translating service and

that the Family Law procedure was followed?

These are my questions but I ask you for what would you believe are my

options in this case? Will Hungary recognize the divorce? Will Hungary

recognize the Judgment’s property division and alimony decision?
Judul: Divorce in Cambodia and recognition in Hungary and the USA; Ditulis oleh Hery IMG; Rating Blog: 5 dari 5

Tidak ada komentar:

Poskan Komentar

Silahkan Memberi Tanggapan Atau Komentar, Kometar Spam akan Kami Hapus.