Legal Document Translation Services for Matrimonial Lawyers
Foreign language interpreters and professional document translators are often utilized in international matrimonial cases. When a divorce client comes to your office and has potential jurisdictional ties to more than one country, several initial issues must be discussed. Which jurisdiction offers the best potential outcome on issues such as grounds and child custody? And how does each potential jurisdiction treat trust property? Of course, sometimes in order to make these determinations a foreign language translation of foreign laws will be required, here’s a general overview:
In general, courts around the world are increasing the level of scrutiny placed on a divorcing spouse’s trust assets. For example, in the New York case Villi v. O’Caining-Villi, 10 Misc.3d 1060(A) (NY Sup. 12/16/2005) the husband transferred the matrimonial residence into a family partnership, with each holding 49.5 percent and the sons holding the remaining one percent. In the divorce, the wife asked that the house be included as a marital asset. However, the court ruled that the house was not marital property because the parties had retained no control over it as they had given decision making power to the trustees – stating: “the transfer of the home to the trust is akin to the making of a gift of the home to defendant’s son, subject only to the condition that both parties may continue to reside in the home during their respective lifetimes.”
The key conclusion to take away from this is when helping a client decide where to file for divorce, a complete analysis of the client’s alternate country’s treatment of trust property will be required, in addition to the examination of other relevant choice of jurisdiction issues.
Contact our on-site business and legal document translations service to obtain certified document translations and language interpreter service in Denver, Boulder, Littleton, Aurora, Englewood, Wheat Ridge, Glendale, Lakewood, Longmont, Thornton, Lone Tree, Westminster, Lafayette, Golden, Commerce City, Broomfield, Greenwood Village, DTC, Highlands Ranch, CO, and anywhere else nationwide and worldwide.
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