Dividing Property in International Divorce: Achieving a Fair Outcome

Divorce is always challenging. If spouses acquired assets abroad during their marriage, the process can turn into a real maze. I would like to share a story from my practice that illustrates how persistence and a professional approach can help achieve justice, even when the odds seem against you.

 

Background

A client approached me unhappy with a Russian court’s ruling in his divorce case. During their divorce, the spouses divided their assets; however, the issue arose because some of these assets had been acquired in the United States, where they had resided for several years. One spouse refused to include this property in the division, and the courts of both instances ignored the foreign assets. According to Russian law, all property acquired during marriage should be divided equally, regardless of its location. This was the issue the client brought to my attention.

The situation was complicated. First, there was almost no information about what the spouses had gained in the United States, as the second spouse carefully concealed the data. Second, any documents from abroad had to be found and prepared in a way that a Russian court would accept them – that is, they had to be legalized. Finally, the court had already made its decision, which meant it needed to be challenged.

 

Case Progress and Decision

We began searching for the property. We conducted a thorough investigation, including inquiries to U.S. authorities, analysis of documents, and consultations with foreign colleagues. Gradually, the pieces of the puzzle came together –we found the assets and obtained official confirmation that they had been purchased during the marriage. This was followed by legalization, which was carried out in accordance with Russian law. With a package of evidence in hand, the client filed an appeal, noting that the courts had not considered the property in the US.

The effort paid off. The higher court agreed with our arguments, overturned the previous decision, and sent the case back for a new trial. The foreign property was considered in the division, and my client will receive a fair share. This story shows the importance of persistence in protecting your rights, even when the initial court decision appears final.

International divorce disputes can be complicated, but they can be resolved. If you own property overseas, ensure it isn’t lost. An experienced lawyer can help you find assets, even if someone tries to hide them. The key step is to gather evidence, organize it properly, and, if needed, challenge an unfair ruling. If you’re in a similar situation, don’t hesitate to seek assistance.

Core Areas of My Professional Activity:

Foundations for Trust in My Expertise

More than 20 years of professional practice as a Russian lawyer and human rights advocate
Concentration in private international law and transnational transactions and disputes
Transparent methodology and evidentiary rigor — verification of facts, precise citations to Russian law and practice, and clear delineation between Russian and U.S. law
Partnership with U.S. counsel — in all matters subject to state and federal law

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