THE ADDRESS Magazine No.17 | Page 54

countries, and made reference to problems arising from those. When such relationships fall apart, it is important to pay particular attention to the division of assets and the organising of finances. Not only may it be possible to issue divorce proceedings in more than one country or jurisdiction, one must consider which jurisdiction is competent to deal with the assets. Choosing the best place to issue is an important decision about which a divorce lawyer can help, but with regard to dealing with foreign assets, overseas property laws will invariably apply, and few of them are likely to possess the required specialist knowledge of overseas laws. Regulations vary considerably from country to country and conflicts can arise owing to the lack of coherence and uniform regulations. A little prior knowledge on this topic could be useful should such circumstances arise, and a divorce lawyer can seek specialist advice or point clients in the right direction to obtain it. Many assume a foreign lawyer is the only source of information but there are a select number in the UK with the relevant experience to assist, and with local overseas’ contacts to consult, should further advice or assistance in the jurisdiction be required. Consider assets at the outset As legal professionals specialising in the overseas property market, we continue to see an increasing number of separations or divorces amongst UK couples with assets situated outside England and Wales. Sadly, dividing such property can complicate and prolong an already difficult situation and result in increased costs. By considering their overseas assets at the outset, the process can be simplified, speeded up and dealt with more costeffectively. Unfortunately, as we know from experience, overseas property legal experts are 54 often only consulted by clients or their solicitors once difficulties or delays have arisen or a situation has reached an impasse. An overseas home could well be one of the most valuable assets in a divorce case and may need to be sold in order to meet the dayto-day needs of the parties and their families. The transfer of such a foreign property could also be one of the more complicated and protracted aspects of a divorce, so it is prudent to commence negotiat ions regarding this as early as possible. Obtaining suitable advice from an international tax perspective is certainly advisable, as the tax consequences of a property transfer and/ or registration of a cross-border divorce are often very high. Depending on the country, capital gains tax may be due or a transfer tax payable by the party receiving the property. For example, in France, this transfer tax is currently 2.5% of the total value of the property on top of which notaire’s fees in the region of 1.5% are payable! For UK divorces involving overseas property, it’s essential to bear in mind that the effect of the legal judgment made in the UK has to be understood and respected in the jurisdiction where the property in question is located. In most cases, the overseas formalities would require a deed to be drawn up (usually by a local form of notary) and the change of ownership would have to be registered at the local land registry. The court order and financial agreements must be entirely acceptable to the foreign jurisdiction. It may be necessary to obtain a local jurisdiction court order recognising the enforceability of the original court order. For example, where a French house is part of the family assets, it is imperative that the settlement approved by the court give clear directions as to what should happen to the www.theaddressmagazine.com