A scholarly but highly practical article on how to plan strategically for an international divorce is available in my article on that topic, published by the American Academy of Matrimonial Lawyers, available here.
The Conclusion of my article is as follows:
“Strategic planning for an international divorce is often necessary and even essential. It is a process that clients are entitled to expect from lawyers who agree to be retained for such work. It often raises a host of difficult ethical, procedural, and substantive challenges for counsel. While it may be complex, tricky, and difficult, it is typically both intriguing and challenging, the work must be handled effectively and responsibly by lawyers who are competent to handle it, often as part of an experienced international team. Planning for an international divorce generally requires knowledgeable, adequate, effective, and complete disclosure to the client of the limitations of counsel’s role in the process and of the various caveats that are discussed in this article.
When done well, such strategic planning will serve a client’s interests appropriately and effectively. When it is not done well, it might even damage the client, violate ethical rules concerning the practice of law, and violate a duty of care that a client is entitled to expect.”
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