Legal Question in Family Law in Lebanon
I am an American citizen who lives in Sweden. Also I have a daughter (3months)who has dual citizenship USA/Swedish. My fianc� is Lebanese living with us in Sweden he is a orthodox Christian. We are planing to get married in Lebanon in an orthodox Christian church. If we get divorced does he automatically get custody of my child? Could we divorce? Also does a prenup have to come from Lebanon with my own Lebanese lawyer? Are prenups valid in Lebanon? I would really like to understand all of this issues before I get married.
Thank you
1 Answer from Attorneys
Dear Madam,
We understand that:
1- You are a US Citizen.
2- Your fianc� is Lebanese (Christian Orthodox)
3- You (both) are residing in Sweden and have a daughter of 3 months having the dual citizenship USA/Swedish
4- You are planning to get married in Lebanon as per the Orthodox Church rules, and consequently, your daughter will have the Lebanese citizenship.
You would like to know:
1- If you can divorce after that.
2- If so who will have the custody of your child
3- If prenuptial agreements are valid in Lebanon
4- If so who will draft it for you.
In reply to your requests, please be advised that:
1- After getting married in Lebanon, your marriage shall be registered in Lebanon (since your fianc� is Lebanese), and in the USA (through the US Embassy in Lebanon as you are a US citizen).
2- Accordingly, if you need to divorce after, you can start the proceedings in the USA, in Lebanon or in Sweden (being your place of residence).
3- The divorce judgment you may obtain in the USA or in Sweden, can be enforced in the USA and in Sweden, but not in Lebanon.
4- In order to get a divorce in Lebanon you need to go through the Orthodox Church Court and laws. The divorce judgement you obtain form the Orthodox Court may be enforced in Sweden, USA and Lebanon.
5- In case of divorce, the custody of the child will be given in consideration of the kid�s best interest. The Court will take into consideration first the interest of the child and decide who will have his custody. The other parent will have the right of visit.
6- The legal system in Lebanon is of the separation of goods, accordingly no need for a prenuptial agreement. However, since you hold the US citizenship, it is advisable to have one in case you have your divorce in the US.
Hope that the above answers to your query, for further details, you can email us at the following email: [email protected]
Regards