We deal with a wide range of family law questions, including drafting alimony agreements, agreements on division of marital property, prenuptial agreements and represent the interests of spouses and former marital partners in negotiation and in court.
We are strong proponents of reconciling the differences out of court (where possible). No court can divide your assets better than you can. Being massively overloaded, Russian courts have no real ability to consider the specifics of relations between parents and children, spouses and their business partners.
There is no doubt a court has the right to ignore the previously achieved agreements in case they constrain somebody’s rights. However, it is highly unlikely the courts will proceed to revise the already-existing arrangement on the grounds it no longer satisfies one of the parties.
Russian legislation has a sufficient number of instruments which allow minimizing the negative consequences of a divorce for all the members of the family, primarily, children.
Legacy planning becomes a difficult task, especially when the assets and potential legitimate heirs are located in different jurisdictions.
It might not always be the best solution to draw up wills in certain jurisdictions since there may exist a compulsory portion rule. Drafting several testamentary instruments requires a thoughtful approach to considering all the aspects, including the tax one. In some cases it is better to make arrangements during the life of the testator, while in other cases it makes more sense to use trust constructions applied by foreign legal systems. We have sufficient experience in consulting our clients over these matters.
In most cases pertaining to international legacy planning we recommend to appoint one or several executors (legal representatives) in order to avoid the situation when the inherited property management (including the functioning business) is disrupted indefinitely.
We can recommend consultants with the necessary knowledge and reputation to fulfill these functions in various jurisdictions.