THE ADDRESS Magazine No.17 | Page 55

French property and that the documentation is suitably worded. Such wording must expressly indicate who is responsible for which costs, bearing in mind the high level of tax that might be due, as well as legal fees and expenses in France. Not many people follow the example of the actor, Michael Douglas and his ex-wife, Diandra, who, in a high-profile divorce some years ago, agreed to maintain joint ownership of their Mallorcan home post-divorce. It is more common for a couple’s assets to be split and for one party to transfer his or her interest in a house to the ex-partner, as with Madonna and Guy Ritchie. This Anglo-American former couple, married in Scotland, had overseas assets, including real estate in the U.S. and UK. They agreed that Mr. Ritchie would retain Ashcombe House and the Punchbowl Pub in Mayfair, whilst his ex-wife would retain their Beverly Hills mansion and New York penthouse. Not just for celebrities These days, though, it’s not just celebrities who experience international divorces. And whilst most people’s property values may be somewhat lower than Mr. Douglas’s or Madonna’s, it does help to have, as early as possible, one or more independent valuations carried out by reputable experts and which both parties will accept. Depending on the country in question, this is not as easy as it ought to be, so links with professional overseas property contacts can be invaluable. Other formalities required normally involve providing an original, sealed copy of the decree absolute/divorce documentation, together with a translation into the local language, often by a professional or court appointed translator. A special certificate or affidavit confirming that the decree absolute has been granted, and that the court has endorsed a financial settlement dealing with the overseas property, may also be required. The burden of the additional time, cost and effort this involves can be eased if one knows whom to contact. Should one of the divorcing parties fail to respect a court order – for example, re-selling to a third party and distributing the proceeds of sale – further difficulties would arise. Before a local lawyer can comply with a foreign court's instructions, he or she would need to be satisfied that the court order is valid and binding. If disputed by one of the principals, further steps may be needed. For example, one might have to obtain an order at the local overseas court to enforce the foreign order’s provisions. This could cause a delay in the transfer of the property or funds, and add to the costs. The differences between national legal systems can result in unexpected and unwelcome consequences for an international couple, and the potential outcome in different countries varies enormously. Where a couple were married, and under what property regime, how the property was acquired and the title registered, can all restrict what steps may be taken. Many civil law jurisdictions (eg. France) traditionally treat married couples from common law jurisdictions (eg. the UK) as having been married under a regime of separation of assets. For English and Welsh couples with overseas property, this may be interesting to note as our legal regime would arguably appear to be more similar to one of community for the matrimonial home and deferred community for other assets, rather than separation of property. There may be local laws preventing a forced sale altogether in certain circumstances. Matrimonial property regimes and contracts are outside the experience of many UK lawyers but may well bind divorcing international couples. They may have chosen to adopt a particular regime. For example, in their country of birth, residence, location of the property www.theaddressmagazine.com 55