Disclaimer: This article does not constitute legal advice. If you have any questions about your individual situation it is best to seek the advice of an experienced legal professional.
Divorces can be messy and complicated, especially when it comes to the division of assets. If you have significant international assets, such as foreign real estate, bank accounts, or business interests, the process can become even more convoluted.
Divorce mediation is an approach to divorce that can make dividing complex assets easier and more efficient. It is a non-adversarial process that allows divorcing couples to work together to reach an agreement on asset division without the need for a contentious legal battle. This approach has numerous benefits, particularly for couples with international assets. The following are a few reasons why mediation is an efficient and effective way of resolving an international divorce with complex assets:
Mediation Simplifies the Process of Dividing Complex Assets
Dividing international assets can be challenging. Each country and jurisdiction has its own set of laws and regulations governing the division of assets, which can lead to obstructions and disagreements if you pursue traditional adversarial divorce. Court orders directing the division of assets can be difficult to enforce in another country and the process can be held up with disagreements and red tape unless you can agree on a simplified and streamlined property division.
Another advantage of international divorce mediation is that you work with a handpicked team of professionals who simplify the process of financial analysis, appraisal and valuation. When you hire separate professionals to handle these matters in an adversarial divorce, the process becomes more costly and can be prone to contention as different experts may offer different valuations. With divorce mediation, you work with skilled mediators, appraisers and financial experts of your choice, who understand the nuances of international asset division and are working towards your common benefit.
Working collaboratively in divorce mediation also allows you to get a total picture of your assets and debts in order to maximize your community property during the process of asset division and understand the tax hit, which may be impacted by a number of complex factors such as the residency and the citizenship status of the divorcing spouses.
Mediation Avoids a Contentious Legal Battle
One of the main benefits of divorce mediation is that it avoids a lengthy, adversarial legal battle. In traditional divorce proceedings, each party hires their own lawyer to secure the best possible outcome for themselves. This often results in a combative and stressful process. With mediation, both parties work together to reach an agreement that suits everyone.
Mediation Saves Time and Money
Divorce can be an expensive process, especially if it involves international assets. Hiring multiple lawyers and experts to represent each party and to appraise complex assets can quickly add up. Mediation, on the other hand, is typically a faster and more cost-effective approach. Because both parties work together to reach an agreement, there’s no need for extensive litigation or an adversarial process.
Mediation is Convenient and Flexible
Finally, mediation is convenient and flexible. If you have international assets, it’s likely that you and your spouse live in different countries or travel frequently. Mediation allows you to work together remotely, using video conferencing and other technology. This makes the process much more convenient and allows you to work on your divorce from anywhere in the world.
At Santa Clara Mediators, we specialize in international divorce mediation. Our experienced California divorce mediators and International divorce mediators understand the challenges involved in dividing international assets and can help you navigate the process with ease wherever you are in the world. We offer flexible, convenient divorce mediation services that are designed to help you reach a fair and equitable agreement in a timely and cost-effective manner. We are financial and legal experts who offer a full service divorce package which includes document services, valuation, complex financial modeling and in house appraisal.
If you’re considering divorce and have international assets, don’t hesitate to reach out to us to learn more about how mediation can help. Our team is here to support you every step of the way.