World’s Most Expensive Divorce

From the Farrar Gesini Dunn Blog - 'Family Law News'

Google the name Dmitry Rybolovlev. You will not be disappointed.

Rybolovlev has made news headlines previously, just for being ridiculously rich. This week however, he is making headlines due to his record breaking property settlement that was recently ordered by a Swiss court.

Rybolovlev has been ordered to pay his ex wife half of his estimated $8 billion fortune. They were married for 26 years and have two children together, one who is still a minor. The settlement includes real estate, a spousal maintenance order and child support payments of $150,000 a month.

This case has stood out to us for a number of reasons:

1. The asset pool was beyond belief;


2. The property settlement took over 5 years;


3. The elaborate ways in which Mr Rybolovlev attempted to reduce his fortune, by spending massive amounts of money on things such as European soccer teams; and


4. This is a dream case for any family law specialist, no matter which side you are on.

Property settlements are a family lawyers chocolate cupcake. We love them.

We love working on them and we love getting our client a good result.

What you need to know is in this case, the property settlement was the result of divorce proceedings. Usually when a marriage has come to an end, divorce is the next step. In Australia there are legal requirements for being eligible to divorce including that you must be separated for a minimum 12 months before you can file for a divorce. Divorce is usually the catalyst for property proceedings to commence and it is logically a good time to sort it out.

While Ryboloblev’s case is more on the extreme end of property settlement it is a good reminder that the settlements are not always easy and if there is a lot of money and/or assets it can take some time to conclude. It can also take a very long time if there has not been an amicable split.

Even if you are not a multi billionaire you may still have important assets that need to be divided. The law in Australia is not as clear cut as a 50/50 split and you may in fact be entitled to more. There are also more amicable ways to decide your settlement that can help you stay out of court, and prevent a 5 year ordeal.

Here at Farrar Gesini Dunn we have an office full of Family Law experts who can settle even the most extreme property settlements. We recommend that if you or someone you know has separated or divorced, they come in and speak with one of our solicitors today.

Tash Priestly

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Positive Parenting – 2nd Seminar

From the Farrar Gesini Dunn Blog - 'Family Law News'

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Things Kim Kardashian needs to know about Family Law

From the Farrar Gesini Dunn Blog - 'Family Law News'

I’ve been reading a lot this week about Kim Kardashian and her upcoming nuptials to Kanye West. Having already tied the knot at a small civil ceremony, they are set to have a big bash in Paris. You’ll of course know that this will be Kim Kardashian’s third wedding. She eloped at 19 years of age with her then music producer, their marriage lasted three years. And who could forget the world-famous 72 day marriage to basketball star Kris Humphries. If I was Kim’s bridesmaid this time around, I’d be sitting her down and giving her these tips:

1. It’s never too late to get a Binding Financial Agreement (BFA).

Commonly known as a ‘pre-nup’, a BFA can be done pre-nup, during-nup or even post-nup. Kim should be investing in a BFA to ensure the security of her assets if the relationship goes sour. Having a BFA can also diffuse the heat of any financial issues, so the focus can be on the co-parenting of any children (ie. North West).

2. If she wants to give Kanye the flick, attend counselling

Not for the obvious reasons though. The law says if you have been married less than two years and want to apply for a divorce, you must either attend counselling with a family counsellor or nominated counsellor to discuss the possibility of reconciliation with your spouse or seek permission of the Court to apply for a divorce.

3. You need to be separated for a whole year before you can file for divorce

You need to satisfy the Court that you and your spouse have lived separately and apart for at least 12 months, and there is no reasonable likelihood of resuming married life. It is possible to live together in the same home and still be separated. It’s not enough to just fake it on your reality TV show.

4. Think before you act…

Or maybe better still come and see us at Farrar Gesini Dunn before you act. Our solicitors can assist you at any stage of your relationship. So if you are thinking of eloping, or you’ve realised you’re married to a Kris Humphries and not a Kanye West – give us a call.

*NB the above is applicable in Australia

Jessica Wynd

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Happy Mother’s Day

From the Farrar Gesini Dunn Blog - 'Family Law News'

You may wonder what Mother’s Day has to do with international family law jurisdiction disputes, but bear with me.

In Australia, Mother’s Day is celebrated on the second Sunday of May, being 11th May in 2014. In the UK, it falls on the 4th Sunday of Lent, being 3 weeks before Easter Sunday i.e. 30th March in 2014. It falls on many different dates in different countries across the world, from the 2nd Sunday of February in Norway to 22nd December in Indonesia.

For me this presents a dilemma. I live in Australia but my mum lives in England. When should I celebrate Mother’s Day with her, 30th March or 11th May? Well the day is supposed to be about my mum so she wins, 30th March it is. While this means that next Sunday’s event will pass me by, the good news is that despite living 20,000 km away I can still make my presence known each UK Mother’s Day through the power of technology. Ordering a bunch of flowers to her workplace is just a few clicks of the mouse and a small charge to my credit card away.

The world has become even smaller since when I moved to Australia in early 2007, just 7 years ago. Facebook and Skype were in their infancy and the iPhone unknown to Australia for another 18 months. I only bought my first digital camera about 2 years before then. Now people take it for granted that they possess the entire knowledge of the world within their pockets and can, for example, make a call from Uluru to Uruguay within about 10 seconds. Hopping on a plane to anywhere in the globe is also affordable to the majority of the population in Australia.

Not surprisingly the world itself has become much more mobile. People sometimes own property in countries they have never have even visited – a quick search on the internet will return thousands of properties in most countries. Many Australians invest particularly in the USA, New Zealand and the UK but there is a much longer list. Similarly, people often live overseas for a number of years before returning to Australia.

For people who have assets – or children – overseas when their relationship ends things can become complicated, especially if one party and/or children still live overseas. Which country has jurisdiction to hear the dispute? There are many possibilities e.g.:

1. If an application concerns property and is filed in Australia, then Australia, unless “clearly inappropriate”;


2. In relation to parenting disputes, where a child currently resides or habitually resides, or the “best interests” of the child may be relevant;


3. Whether Australia has signed a formal agreement with the other country in respect to jurisdiction of the disputed issues, especially child support or child abduction.

The answer, as so often, is that it depends – and is usually not straightforward. For example the concepts of “clearly inappropriate” and “best interests” of a child are themselves very broad terms, open to wide interpretation. Further jurisdiction questions can arise in relation to enforcing existing overseas family law orders (including child support) in Australia, or vice-versa.

Putting aside these matters, may I wish all the mothers – of Australia – a very Happy Mother’s Day 2014.

Daniel Myers

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