by Jeremy D. Morley
People with assets and international connections who are contemplating a divorce or separation from a partner, as well as their spouses and partners, should consult experienced international family law counsel for advice on strategic international divorce planning as far in advance of filing suit as possible. The financial consequences of being divorced in one jurisdiction rather than another might be highly significant.
For example, the difference between getting divorced in London instead of in New York can be staggering. England has acquired a well-deserved reputation as the divorce capital of the world for anyone whose spouse is well-endowed with assets. Once the English divorce courts have finished their work, and the English solicitors and barristers have collected their fees, a once-married spouse with assets may have become an ex-spouse with far less assets. Such people often wonder too late why they did not seek international divorce planning advice before it was too late.
Likewise, the disparity between the practices of divorce courts in Tokyo as compared to those in Sydney, and of the divorce courts in Hong Kong as compared to those in Frankfurt, may be equally vast--or possibly even more so.
The difference between one divorce jurisdiction and another is far greater than between a soccer team playing at home or playing away. It is often about playing one game at home and a totally different game with totally different rules away.
Indeed, the analogy to a game is not inappropriate. Any serious competitor plays a competitive game strategically. Is the process of divorce any less serious than that?
Yet very few people do their homework on these critical issues at a time when it could really make a big difference. They simply assume that wherever they live is necessarily the jurisdiction in which they must sue or be sued. They walk in blind to what may be the most significant financial transaction of their life.
Instead, internationally-connected people who anticipate a divorce or separation from a partner – and their local lawyers and advisers -- need to consult with experienced international family law counsel on these issues before key decisions are made or key steps are taken.
Jeremy D. Morley is a New York lawyer who concentrates on international family law. He works collaboratively with lawyers throughout the world in crafting strategic solutions to international family law matters. He is the author of "International Family Law Practice," a leading treatise on international family law in the United States. He is also the author of "The Hague Abduction Convention: Practical issues and Procedures for Family Lawyers," published by the American Bar Association. He is available at www.international-divorce.com
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