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What is the law would be applicable on the divorce between a citizen of Russia and a citizen of German who have been married in Egypt?

The main question in our case is: What is the law would be applicable on the divorce between a citizen of Russia and a citizen of German who have been married in Egypt?

To answer to this question we have to exposure to the Article no. 13 second paragraph from the law No. 131 in 1948 that says:

“In the case of divorce the applicable law should be the law that belongs to the husband’s nationality at the time of divorce. And the applicable law on the divorce by courts the law that belongs to the husband’s nationality at the time of filing up the case of divorce.”

According to the article mentioned above the nationality of husband and the law system that belongs to his citizenship at the time of divorce (whatever the way of getting this divorce) is the only legal elements that have ability to determine the objectivity conditions of the divorce only, but the formal requirements for divorce are determining according to the law system that belongs to the place of making that legal action.

Also it has to be clear that the previous rule is applicable on the legal results and the consequences of the divorce as well, but these results and consequences must be relate to the former couple themselves not to their children. But the results of divorce which are relating to the relationship between the former couple and their children (like custody for example) it will be subject of the law system that belongs to the place of making the divorce.

So that is the legal view according to the Egypt private law, but on the other side, what if the law that specified by the Egyptian legislation to govern the incident has returned the matter to the Egyptian law, in this case we have to know that the Egypt law system has determine some rules about the legal situation between the former couple. We will describe in the next points:

The Egypt law does not define the system of property division between spouses after the divorce that is because of its believe about the separation of financial disclosure between spouses during the marriage life.

1- The wife has dowry according to the marriage contract and she will get it after divorce.

2- The X- wife has a waiting period after divorce, during this waiting period the X-husband has to support her with monthly payment and he has to prepare for her normal house to stay in. And this waiting period can be three months or till she deliver baby if she is pregnant or three menstrual cycles.

3- The Wife has to get compensation if the divorce from the side of husband and by his will without any fault from her side, this compensation amount will determine as amount of monthly payment for two years as a one time, and this monthly payment will estimate according to the ability of the X-husband and the needs of the X- wife regarding to the waiting period payment.

4- Also it has to be clear that if anyone from the former couple has died during the waiting period the other one will inherit.

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Mr. Ayman Sultan Muhammad Khalifa
Criminal & Commercial Lawyer. PhD Candidate (Arabic, English)
Full-specialized professional lawyer in International Law. Excellent expirience in criminal and commercial cases, financial frauds. Attorneys with a win-win expirience in Family and Personal Law.
Mr. Emad Abd Elaziz Elborginy
Labor & Business Lawyer (Arabic, English)
Good oriented in any labor cases and business starting companies. Contract legal support for new organizations and middle business.
Ms. Nabila Beneddine (Algeria Office, Algeria)
International Lawyer of Family Law, Real Estate Law & Tourism Law (Arabic, French)
Full-specialized partner in MIddle East cases. Most expirience and high degree of wins in family law and real estate case development. Good experience in Tourism Intrenational Law. Providing of any cases in Algeria and Middle East for french Customers and Partners.
Mr. Hamed Ashref Moustafa (Syria Office, Aleppo)
Family Lawyer, Consultant in international marriage (Arabic, English)
High-specialized lawyer in family and civil law according to international marriages in Islam. Arabic marriage and international marriage in Egypt.
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