We provide legal advice on the full range of Chilean and cross-border family law matters such as legalising a foreign marriage or divorce (in Chile or abroad), pre- and post-nuptial agreements, divorces, adoption, international disputes regarding child abduction (the Hague Convention), relocating a child to another country, visitation and custody matters and financial disputes such as spousal support, maintenance and alimony.
With an increasingly mobile global population, it is more and more common for people to work and travel overseas and find a foreign partner, which can result in people having ties to more than one country. Despite this trend towards globalisation, there are still significant differences among the family laws of different countries. Issues often arise that require considering the parties’ rights in various countries.
A case can become legally complex when foreign laws apply. When several Courts have jurisdiction over a dispute, or when there is a choice between the application of Chilean law or foreign law, we can determine the most favourable option for you.
Resolution by way of mediation is always encouraged. Nonetheless, we will commence litigation when necessary. Assuming that the grounds to proceed exist in both countries, the case will be heard in the first Court in which proceedings are issued. This can have an enormous impact on the eventual (financial) settlement. Through our broad experience and strong analytical skills, we can provide you with valuable advice as to whether it is in your –and your family’s– best interest to initiate proceedings in Chile or abroad. Furthermore, we maintain a close working relationship with law offices worldwide in order to facilitate your interest.
INTERNATIONAL INHERITANCE LAW
We specialise in cross-border estate matters. Estate planning is complicated in its own right, but when foreign assets are involved, the process can become entangled in the laws and tax treaties of several countries. Consulting with a specialised lawyer is critical to ensuring that heirs receive assets in the most cost-effective way.
In most cases, a local last will, will not cover your foreign assets unless you also have a will in the home jurisdiction where the foreign asset is located. We can help you to draft a will and, when more than one jurisdiction is involved, we can give valuable advice as to whether it is necessary to draft a foreign will as well, thoroughly analysing your overall family situation in a global context. By way of example, an often-overlooked difficulty is that not all jurisdictions agree on whether a marriage revokes a will or on the effect of divorce on a will. Therefore, if a divorce is granted in one country but is not legalised in another country in which a person has assets, in terms of succession the former spouse can sometimes still be a legal heir. We work closely with law offices worldwide, whenever necessary, to disentangle these issues.
Conversely, we also assist heirs in gaining access to foreign assets and in probate processes.
IMMIGRATION AND INTERNATIONAL RELOCATION
We are dedicated to taking special care of all your needs. We assist individuals, families and companies (relocating executives and employees) with the obtainment of work permits, visas of all types, permanent residence and citizenship.
We not only provide personalised support during the immigration process, but can also help you with your entire relocation –from opening a bank account, to renting or buying real estate in Chile.