People with assets and international connections who are contemplating a divorce, as well as their spouses, 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.
The difference between one divorce jurisdiction and another is far more 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.
The issues to consider include:
- Forum selection;
- The international divorce planning process;
- International divorce jurisdiction;
- Staying or declining jurisdiction;
- The grounds for divorce;
- Choice of laws issues;
- The division of assets upon a divorce;
- Procedural issues in foreign jurisdictions;
- International spousal support; and
- Other critical issues in international divorce planning.
Disclaimer: We are admitted to practice only in New York but work as appropriate with lawyers throughout all U.S. states and throughout the world.