International divorce
Assets Abroad in a Divorce
Accounts, property or company shares in several countries make the division of assets considerably more demanding. Three questions are central: is this wealth counted at all, how can it be valued and proven – and how is a claim ultimately enforced across borders? With care and the necessary discretion, we give you a complete overview.
The Essentials at a Glance
- If German law applies, worldwide assets generally count towards the gain.
- A complete record – including foreign assets – is decisive.
- There is a right to information about the other's assets.
- Foreign wealth must be valued and proven.
- A German judgment must be enforceable abroad.
Is Foreign Wealth Counted?
If German law applies, both spouses' worldwide assets generally feed into the equalisation of gains – so accounts, property and shareholdings abroad too. It does not matter in which country a value lies, but that it belongs to the assets on the relevant date. A complete record of the foreign assets is therefore decisive.
Information: Recording Assets Fully
So the calculation can be done correctly, you have a right to information: each spouse must disclose their assets – including values abroad, backed by documents. With cross-border circumstances in particular, it pays to be thorough, because what is not recorded is not equalised. Where needed, supplementary evidence, enquiries and – where there are signs of concealment – targeted investigations help.
Valuation and Proof
The difficulty is often not the "whether" but the "how": foreign assets must be valued and proven. For property, shareholdings or accounts in other countries we work, where sensible, with appraisers and tax advisers and take account of features such as currency, local market values and taxes.
Enforcement Across Borders
A German judgment is of little use if it cannot be enforced abroad. We examine the routes to cross-border enforcement early – often easier within the EU, more demanding with non-EU states – and coordinate with local lawyers where needed. That way a claim on paper becomes a value you can actually realise.
Business and Property Abroad
Where a business or real estate is involved, particular valuation and discretion questions arise – for example valuing a foreign shareholding or dealing with a holiday property.
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What is fully recorded today becomes a value you can actually reach tomorrow – across every border.
Completeness Is Half the Battle
With assets abroad, the result is decided less in the courtroom than in the groundwork: what is fully recorded, soundly valued and proven can ultimately be enforced – what is overlooked or concealed falls out of the equalisation. We therefore place particular emphasis on a complete record of the entire, cross-border estate.
We use the right to information consistently, secure evidence and, where there are signs of concealment, pursue them in a targeted way. We then put valuation, proof and enforcement into a sensible order and work, where needed, with appraisers, tax advisers and lawyers abroad.
How We Support You
We first record everything – including foreign assets – if necessary via the right to information. We then organise the valuation, where needed with appraisers and tax advisers in the country concerned, and secure the supporting documents. Finally, we examine the routes to cross-border enforcement and coordinate locally. All of this is done discreetly and with the necessary care – because, especially with larger foreign assets, confidentiality is not a side issue but part of the task. That way a claim on paper becomes a value you can actually realise, rather than a number that exists only in a German judgment.
Frequently Asked Questions
Does my account or house abroad count?
Under German law, in principle yes – worldwide assets feed into the gain.
How is foreign wealth valued?
Through a transparent valuation, where needed with appraisers and tax advisers in the country concerned.
What if my partner conceals foreign assets?
You have a right to information. Where there are signs of concealment we pursue them; assets disposed of in bad faith can be added back.
How is a German judgment enforced abroad?
It depends on the country – often easier within the EU, otherwise via other routes. We examine this and coordinate locally.
Does the currency matter?
Yes, currency and the exchange rate on the relevant date can affect the value applied; we factor this in.
Does all of this stay confidential?
Yes. With larger foreign assets in particular, we work with special discretion.
Do I have to disclose my foreign assets myself?
Within the right to information, both spouses are obliged to give full disclosure – this applies to domestic and foreign values alike.
Does a holiday home abroad count too?
Yes. Under German law a holiday home is, in principle, part of the assets to be equalised.
What if the other country makes it hard to obtain information?
Then detours are often needed – via documents, enquiries or experts. We check which evidence can be obtained.
How do you handle assets in several countries?
We record everything in a structured way, value it country by country and align valuation, proof and enforcement – working with specialists on the ground.
Can I prevent my partner from moving assets abroad?
Where there are concrete indications, there are protective options. The key is to act early and secure evidence.
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