Practice Area

International Family Lawyer in New York

Attorney Elena is an International Family Lawyer in New York. She can provide legal services to those clients who spent significant time overseas, who have assets in multiple jurisdictions, have more than one residency, have businesses in different locations and are concerned about the residency, and the custody of their children.

There are significant differences between the divorce laws (both substantive and procedural) of many different countries, and even among the laws of different provinces or states within the same country. Consequently, the decision about which law applies to a divorce, custody, support or other matrimonial case and the decision as to which court will hear the case can have an enormous impact on the eventual outcome of the case. These issues are often extremely complex and confusing, even to lawyers are very familiar with the laws of their local jurisdiction.

Attorney Elena, as an International Family Lawyer in New York, understands the concerns of her clients, who are under unusual stress and sometimes in great crisis due to the complexity of their cases. Her clients require special understanding and support. Elena also understands that in divorce no one size fits all. Elena has had her own direct and personal experience of divorce, and she has a full appreciation of the stress and the practicalities of life in the real world. Look no further if you need an International Family Lawyer in New York.

International Divorce Representation in New York

Attorney Elena can provide International Divorce Representation. She can help people with assets and international connections who are contemplating divorce, as well as their spouses, to strategize an international divorce plan. It is crucial to obtain wise counsel well ahead of the commencement of litigation.

As part of the International Divorce Representation in New York, Attorney Elena will create a tailored plan by analyzing the family entire economic picture; understanding the wishes of the client; analyzing the law of different jurisdictions related to the specific case (jurisdiction of the current residency, jurisdictions with which either/both spouses have substantial connections and any other jurisdictions that the client is interested in), highlighting for the client the need to relocate to a particular chosen jurisdiction.

Attorney Elena will look a variety of factors including but not limited to the willingness of the chosen court to accept the divorce and any related custody issues; the complexity of grounds for divorce in such jurisdiction, and the nature and location of any asset involved; issues of spousal support in the target jurisdiction; the enforceability of any award in the target jurisdiction (e.g. if the jurisdiction is in a country signatory of the HAGUE or not); if the jurisdiction follows sole versus joint custody; if it guarantees minimal visitation rights to a noncustodial parent versus liberal visitation rights; if it takes a male-dominated approaches versus female; if there are national biases versus impartiality or religious biases versus impartiality; if there is freedom to relocate with children versus limited relocation or freedom to take the children overseas versus inability to do so; and the philosophy of the targeted  jurisdiction. 

Most importantly, Attorney Elena’s analysis will focus on maximizing the likelihood that the jurisdiction in question will view the facts of the case in as favorable a light as possible to her client. Look no further if you need International Divorce Representation in New York.

International Prenuptial Agreement

There are jurisdictions that do not recognize an international Prenuptial Agreement as binding. Different jurisdictions have different rules on how to invalidate/restrict an International Prenuptial Agreement or uphold its validity. Attorney Elena believes that it is always prudent for international couples who plan to get married to consider entering into an International Prenuptial Agreement. The benefits of a Prenuptial Agreement are generally multiplied when the parties are from different countries or have assets overseas or are living overseas. A Prenuptial Agreement may drastically simplify a future divorce that might otherwise be inordinately complex or confusing. A Prenuptial Agreement that is valid in the place of the marriage, or the place of current residency, will not be equally valid in other places which might have divorce jurisdiction in the future. An International Prenuptial Agreement is an extremely complex contract, and it is important to have a knowledgeable and experienced International Family Lawyer drafting it.

International Postnuptial Agreement

As part of her International Divorce Representation in New York, Attorney Elena highly recommends couples who contemplate divorce, to enter into an International Postnuptial Agreement. The advantages of entering into an International Postnuptial Agreement are many. For example, the couple could determine how a divorce will be handled, property divided, sometimes without the need to have a court define such issues.

The Multi-Jurisdictional Law Practice

UCCJEA, UIFSA, HAGUE In April 2018, after a long, arduous and emotionally draining divorce journey, Miss E. executed her own custody agreement which contained relocation terms and UCCJEA clauses.Miss E. set out to assist parents providing legal expertise in custody and financial case involving UCCJEA, UIFSA and HAGUE.

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