When you are the Wife of a Syrian dictator living in Russia, and mass graves are found in your home country, divorce jurisdiction may become a big issue. According to press reports, the former first lady of Syria, Asma al-Assad, the wife of the deposed Syrian dictator, Bashar al-Assad, has filed for divorce in England while living in Russia.*
Syrian Saga
Asma Fawaz al-Assad is the former first lady of Syria. She has been the wife of Bashar al-Assad during his tenure as president-for-life from 2000 until he was overthrown December 2024. She was born to Syrian parents in London, she was also raised in London, and holds dual British and Syrian citizenship.
Bashar al-Assad is a the ousted Syrian dictator who has ruled Syria since 2000 after the death of his father, president-for-life, Hafez, who ruled Syria from 1971 until 2000. In November 2024, a coalition of Syrian rebels mounted a military offensive in Syria. Earlier this month, as rebel troops entered Damascus, the Assads fled Syria to Russia, and were granted asylum.
According to international press reports, Asma al-Assad is seeking to leave Moscow for England. Because she holds both British and Syrian citizenship, she is rumored to have started consulting with a family law firm in England.
There are also reports that Asma al-Assad has already filed for divorce from Bashar al-Assad in a Russian court, and has requested special permission to leave Moscow for London to pursue her divorce there.
Florida Divorce Jurisdiction
I have written about jurisdiction before. Generally, jurisdiction is the power of the court to hear a certain controversy, like a divorce. If the court does not have jurisdiction over the subject matter, or the parties to the divorce, any final judgment entered can be void or voidable and unenforceable.
Florida has jurisdiction to act in a divorce case if one of the parties has been a resident of Florida for six months before the filing of the petition for dissolution of marriage. In addition to jurisdiction over the subject matter, a court will need to have personal jurisdiction over the parties to the divorce.
One cannot simply stipulate to the court’s jurisdiction of the subject matter, the court must actually have jurisdiction over the subject matter.
When children are involved, jurisdiction requires additional steps under the Uniform Child Custody Jurisdiction and Enforcement Act. The general purposes of the Act are to avoid jurisdictional competition and conflicts with other courts in child custody matters; promote cooperation with other courts; ensure that a custody decree is rendered in the state which enjoys the superior position to decide what is in the best interest of the child; deter controversies and avoid re-litigation of custody issues; facilitate enforcement of custody decrees; and promote uniformity of the laws governing custody issues.
No Depo in Aleppo
Although the Assads sought refuge in Russia after they fled Syria, Bashar Assad’s situation in Russia remains tightly regulated. Russian authorities have imposed strict restrictions on him, such as preventing him from leaving Moscow or engaging in any political activity. His request for a special permit to leave the capital is currently under review.
The Kremlin has also taken significant economic measures by freezing his assets and wealth held in the country, a move that strengthens Russia’s control over the movements of the Assad family while limiting their future influence. Russian authorities have frozen 270 kilograms of gold, $2 billion, and 18 apartments in Moscow.
The situation is particularly complex for Maher al-Assad, Bashar’s brother, whose asylum request is still pending. He and his family are currently under house arrest awaiting a decision. The possible departure of Asma al-Assad, who may be suffering from cancer, could further weaken the already perilous situation of the family in Russia.
The Albawaba article is here.
* The Kremlin recently denied reports that Asma al-Assad sought a divorce and wanted to leave Russia.