In Russia to plead with the more affluent suprugom? Can I sue a share in the business? What if the husband can afford good lawyers, and his wife is not? Why in England to a major divorce started to attract investors?
The dissolution of a marriage, divorce is usually a difficult psychological stage in the life for yesterday – legal spouses, and now, virtually strangers to each other people.
Often, by the stress, negative emotions, experiences from the past and break from thinking about your future without more recently a loved one, adds to the financial problems – the presence of General business and (or) acquired capital by one or both spouses complicates the process of divorce, if the ex-spouses do not agree about their division amicably.
In such situations, the financial weaker party is faced with the problem of finding and proving the affiliation of the property jointly acquired by that other ex-spouse generally does not wish to share voluntarily. Significant spending on the services of advocates/lawyers, engaged in support of divorce.
What to do in such situations? And how much is the “they” and “we”?
Expenses at divorce in the USA
According to published just over a year ago, the portal “Russian Voice of America” website Nolo conducted a special study of the rates of lawyers in divorce cases in all States.
According to the study, it was revealed that the most common (average) rate per hour — $250. The lowest attorney’s fees was $50 and the highest one is $650.
Nolo also asked its readers what the total amount of attorney fees they paid for the divorce. The average figure spent on lawyers, amounted to $12 800. At an average cost hours $250, which is about 50 hours of attorney services.
There are also lawyers offering private mediation services. Most of them charges by the hour. Rate — from $100 to several hundred dollars, according to Nolo. The average cost of the reconciliation process, held by a private lawyer, is $3 500, according to the New York Parenting. As in the case of the lawyer, cost of services of a mediator depends on how many hours he/she will spend on your case.
It should also be noted that if the US filed a lawsuit on the dissolution of marriage, as well as in Russia, provided the payment of the state duty. If the spouse/GA will respond to the claim, he or she will also have to pay the registration fee. For example, in California the cost of filing a claim is more than $400. Those who could not afford such amount, may file a petition for exemption from payment.
If you add up court costs, attorney’s fees and other costs (for example, services tax consultant, appraiser, house, etc.), then the total cost of the divorce can make a few thousand dollars. According to a study by Nolo, most of the people all of the divorce costs approximately $15 000 – $20 000. The pair, who managed to negotiate in the divorce process, spend less than $15 000.
It should be noted that despite the possibility of establishment of dependence of remuneration of the lawyer from the judgment or other organ and characteristic for the Anglo-Saxon system of law, including for the United States, but the model rules the American bar Association (ABA) prohibit charging a “success fee” (fee contingent), among others, in disputes about divorces and alimony (article “costs and expenses – revenues”, publishing Agency, legal news, 19.06.2017 published on the website of the constitutional Court of the Russian Federation.
Western Europe: the example of Germany
According to a German lawyer Vadim Chimhanda (Dortmund) specializing in the conduct of divorce proceedings (see the electronic version of magazine about Germany’s “Partner”, every third marriage in Europe is in danger of disintegrating – the number of divorces is steadily growing both among the indigenous population of Germany, and among those who came from countries of the former Soviet Union, and only 7 % of divorces occur by mutual consent of the spouses.
Divorce in Germany is impossible without a lawyer. Even if the spouses have no mutual claims, no minor children and they both agree on divorce, German law requires that the interests of at least one of the parties was represented by counsel.
The cost, in fact, the divorce process is directly proportional to the income of divorcing and depends on the size of the joint state of the spouses. Considered in the accounts, securities, real estate, cars, etc.
The cost of a divorce in Germany is made up of registration fee (Gerichtskosten) and cost of the services of a lawyer (Rechtsanwaltsgebühren). Usually each spouse pays his lawyer and half of the registration fee.
Legal insurance in Germany usually covers only the first consultation with a lawyer.
In the case that in wanting to get divorced not have the necessary funds for a divorce, all related costs, including attorney’s fees, shall be borne by the state. You must submit a special application to the local court (Amtsgericht) and provide the documents showing the appropriate financial position (for example, the information on unemployment benefits).
Additionally, if you filed for divorce does not have its own income, he is entitled to demand through his attorney financing divorce her wealthy husband.
UK: divorce Ahmedovich
One resonant and one of the most costly divorce cases with involvement of one side of the tool of the judicial funding in recent years has been divorce and division of property of the Russian billionaire of Azerbaijani origin Farhad Akhmedov and his wife Tatiana.
The interests of the ex-wife Akhmedov defends a well-known company Burford Capital, which specializiruetsya on helping wealthy people, leading the trial with the aim of restoring assets, including in respect of divorce, in exchange for a share of that returned property. In Russia the financing of lawsuits is engaged in the service PLATFORM.
Appeared in January 2019 to the international news Agency, the British newspaper the Guardian published an investigation of high-profile divorce, which is considered by the court in London. So, London’s High court earlier ruled that Farkhad Akhmedov is obliged to pay to his ex-wife Tatiana who is a citizen of the UK, about 600 million dollars compensation.
Akhmedov disputes the decision of the British court for several years. His lawyers insist that the marriage of the billionaire was terminated in 2000, the year before the ex-spouse Akhmedov received British citizenship.
Moreover, the case involved Interpol: lawyers Akhmedov appealed to the Russian branch of the organization, which confirmed that his marriage was indeed terminated in accordance with the decision of the Moscow court. In addition, the Ministry noted that they conduct an investigation into allegations of Akhmedov unlawful arrest of its assets. The businessman claims that this is due to the fraud perpetrated by his ex-wife.
However, the British court in 2016 decided that the divorce papers in Moscow is a fake. The court also decided to freeze part of the assets of the Azerbaijani billionaire, including his offshore accounts, with a collection of antique shotguns, Aston Martin worth 350,000 pounds and a collection of modern art, the cost of which is estimated at 90 million pounds.
But lawyers Akhmedov continue to insist that the divorce of 2000, was genuine.
The stumbling block for both parties is a yacht Akhmedov worth 230 million pounds of “Moon”, which he bought from oligarch Roman Abramovich. It has an onboard Spa, two helicopter pads and a small submarine. The yacht features a missile-detection system, vzryvotehniki doors and a device to combat drones.
The vessel was arrested in Dubai, while the warring parties continue to dispute ownership of the yacht in the courts.
It is noteworthy that in April 2019, according to Russian media quoted the British newspaper the Daily Mail, the former wife of a Russian billionaire received a claim for damages of £65 million after attempts to arrest him superyacht worth £350 million in Dubai in the divorce process.
In early April this year the court of Dubai was subject to a claim for damages in the amount of £65 million against Tatiana Akhmedova. The lawsuit States that while the yacht was in dry dock in Dubai from February 2018 family Foundation Akhmedov Straight Trust, which owns “the Moon” suffered “moral damages and loss of profits.” Action brought jointly against Tatiana Akhmedova and her lawyers London company Burford Capital Investments in the sector representation of interests in court.
In this process there is still no point and to predict the outcome of the case – not yet possible, since both parties are actively asserting their demands, and never reached consensus.
Forecasts of funding divorce cases in Russia
In preparing this material, the service of judicial funding PLATFORMA decided to ask the opinion of reputable legal practitioners and lawyers to question the idea of litigation funding divorce cases in our country, as well as the prospects for such a tool long known to Western legal systems.
The lawyer of the KMA “the Verdict” Victoria Kovaleva considers that litigation funding as a method of investments is increasingly gaining momentum in Russia. In family law this practice is applicable for the section in the court of jointly acquired during the marriage is marital property. Such disputes require resources, time and financial. It can be millions in claims with a significant cost of property, movable or immovable, the business section. Funding for such trials in court is a promising form of investment.
According to Konstantin Bobrov, Director of the legal service of “United center for the protection of” judicial funding, it is appropriate to bring in cases, when necessitated by the interests of a minor child. Such a practice could be implemented in Russia.
The relevance mainly related to the fact that the services of lawyers in the area of family law, are generally measured in tens of thousands of rubles. This amount may scare off a party of the divorce process. However, it is obvious that the party with the minor child the right to a specialist should be provided.
The lawyer of the KMA “the Verdict”, head of judicial practice in the resolution of family disputes Pavlov believes that litigation funding divorce cases — a great idea for family disputes, if one party has a more impressive financial possibilities, and the other side can not afford financing a long and complex judicial process section of expensive property. Practice funding divorce cases in Russia will open to the plaintiffs the opportunity to work with the best specialists in family law.
According to the lawyer of Board of lawyers of the Volgograd region “Legion” Vahram Davtyanand, obviously, litigation funding is gaining due momentum. Its use is appropriate in family law disputes only when property because any investor always considers the draft under the prism of income. And in resolving data disputes the income of one spouse is presumed clearly. Partly this Institute can be applied to the issue of alimony, if their potential is noteworthy.
Victoria Dergunova, attorney, mediator:
“The relevance of judicial funding to family disputes can not be overestimated, although serious discussion of the prospects of investment in the family business in Russia is possible more in theory than in practice, and then only to those which are the property attractive to investors.
Judicial investments could solve at least one existing urgent need in the current crisis the problem: to equalize the chances of the spouses, but rather less secure of them to win the case on the division of property, which is especially important for those cases where the unemployed raising children, the spouse is economically dependent from her husband, resulting in a lack of savings is for her an insurmountable obstacle to justice, in connection with which it is compelled to agree on division of property on unfavorable conditions.
As a result of external funding of the judicial spouse who did not initially have sufficient funds to conduct protracted litigation, gets the opportunity to defend in court its rights and legal interests, and investors the opportunity to profit from investment.
Today in such cases, lawyers often work for the “success fee”, is actually speaking at the same time and the investor (at least of his time), and legal counsel on the dispute, which is not always economically justified and profitable, not to mention the problems arising at the stage of execution of judgments.
Of great interest is the court funding disputes of spouses about section of companies, which in themselves may not be of value for the couples, claiming the compensation cost of shares (shares) spouse, but to matter for investors who invest in litigation with the condition to itself due to the wife a share (shares) in the company, and not compensated for it. From this point of view, the investment attractiveness of litigation in family cases will only grow.”