MANAMA, BAHRAIN — A recent ruling by Bahrain’s Second High Civil Court has highlighted how foreign law may apply in divorce proceedings involving expatriate spouses.

The case involved an Italian woman and a German man whose marriage had lasted approximately 15 years. The court confirmed that Bahraini courts had jurisdiction to hear the matter and applied German law to key aspects of the divorce. 

The case addressed several important issues, including the dissolution of the marriage, child support, parental authority, spousal maintenance and matrimonial property.

Can Bahrain Courts Hear Divorce Cases Involving Foreign Nationals?

Yes, depending on the circumstances of the case. In this matter, the Second High Civil Court determined that Bahraini courts had jurisdiction even though both spouses were foreign nationals. This is an important distinction in cross-border family matters. The court hearing the case may be in Bahrain, while the substantive law applied to certain issues may come from another jurisdiction.


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Why Was German Law Applied?

The court applied German law and found that the required separation period under that law had been satisfied.

For expatriate families, this demonstrates how nationality and conflict-of-laws principles can affect divorce proceedings in Bahrain.

The applicable law may influence issues such as:

  • the legal basis for divorce;
  • separation requirements;
  • spousal maintenance;
  • matrimonial property rights; and
  • other financial consequences of the marriage ending.

What Did the Court Decide Regarding the Children?

The court determined that the children would remain primarily with their mother while both parents would continue to hold joint parental authority.

The father was also granted visitation on alternating weekends and public holidays.

He was ordered to provide monthly child support for the couple’s two children in addition to covering their actual school expenses.

Read the full column at this link from The Daily Tribune.


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