Certified Legal Translation
and Trust Assets in International Divorce Cases

Financial Translation Services for Matrimonial Lawyers

Professional certified legal language translation and legal interpretation services are required not only for translation of international prenuptial agreements but also for international divorce cases. A client with potential jurisdictional ties to multiple countries faces the legal question of determining which jurisdiction offers the best potential outcome on the treatment of trust property. This issue is becoming increasingly important as courts around the world are increasing the level of scrutiny on a divorcing spouse’s trust assets, including those located in a foreign trust.

For example, in the case Riechers v. Riechers, 178 Misc 2d 170 (Sup. Ct. Westchester Co. 1998), prior to the divorce the husband set up a trust in both the US and offshore, transferring a substantial amount of marital assets into the offshore trust. The husband, wife and children were named as beneficiaries, although the wife was not named personally but only identified as ‘Spouse of the Settlor’.

Thus, upon the divorce, the wife would no longer be a beneficiary. In trial, however, the court found that the assets were part of the marital estate. The court based its finding on the precedent set in Charman v. Charman, where the court ruled that evidence could be procured overseas concerning an offshore trust that involved the spouse and potential marital property.

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