Love lost, borders crossed: Ensuring U.S. divorcees have their marital distributions enforced in the Caribbean

Abstract When U.S. spouses receive marital distributions, some or all of their assets may be unreachable because they are held in the Caribbean. This note examines why U.S. marital distributions are not recognized and enforced in specific Caribbean nations. This note further explores the procedural difficulty of litigating in Caribbean courts. This note argues to amend the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters in order to lift the ban on marital distributions. This note also addresses key counterarguments to this proposed amendment of the treaty–specifically the hesitancy of some Caribbean nations to sign on.

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Publication Details

Journal
Family Court Review
Published
2025-10-01
DOI
https://doi.org/10.1111/fcre.70024
Primary Topic
Family Dynamics and Relationships
Type
article
Field-Weighted Citation Impact
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article

Love lost, borders crossed: Ensuring U.S. divorcees have their marital distributions enforced in the Caribbean

J Richards
Family Court Review
Family Dynamics and Relationships
article

Love lost, borders crossed: Ensuring U.S. divorcees have their marital distributions enforced in the Caribbean

J Richards
article en

Abstract

Abstract When U.S. spouses receive marital distributions, some or all of their assets may be unreachable because they are held in the Caribbean. This note examines why U.S. marital distributions are not recognized and enforced in specific Caribbean nations. This note further explores the procedural difficulty of litigating in Caribbean courts. This note argues to amend the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters in order to lift the ban on marital distributions. This note also addresses key counterarguments to this proposed amendment of the treaty–specifically the hesitancy of some Caribbean nations to sign on.

Family Court ReviewVol. 63(4)
Hofstra University (US)
Openalex Percentile: Top 51%
Family Dynamics and Relationships
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