Increasing migration has led to many people residing in one country but holding assets in another. This situation needs to be handled carefully when a relationship breakdowns and assets of the parties, wherever located, need to be taken into account. This session will provide a guide to practitioners on managing this additional layer of complexity in family law property settlements, including:

• Relevant factors in choosing jurisdiction for divorce and/or property settlement
• Disclosure and identification of overseas assets
• Obtaining foreign assistance, including legal advice, valuations and relevant third parties such as trustees
• The specific treatment of off shore superannuation and pensions
• Consideration of taxation and other financial implications of asset splitting, transfer and sale
• Assessing probability of enforcement of orders in the foreign jurisdiction
• Cost issues in pursuing foreign assets
• Relevant cases: Anderson McIntosh (2013) FLC 93-568; Sinha Sinha [2018] FCCA 2952
• Strategies for advising your client