Steps to take before a
breakup
As soon as intentions to separate are known, assets, access to accounts, and important evidence can disappear rapidly. Thus, the spouse who prepares calmly before a separation is on the horizon puts himself/herself a significantly better position under matrimonial property law. We help you confidentially to compile an overview of assets, accounts, and business interests, review existing contracts and, where appropriate, amend them. Most importantly: we secure evidence before your life situation changes. This page addresses financial planning; the initial procedural steps in divorce or legal separation proceedings are described on a separate subpage under the “Divorce & Separation” section. Whatever your situation is, we always proceed discreetly and without causing unnecessary escalation.
If plans for a separation become known, your situation may change abruptly: accounts are reorganized, proxies are revoked, assets are transferred, and documents can no longer be found. Since claims under matrimonial property law are tied to the financial status as of specific reference dates, timely and discreet preparation secures your position before legal proceedings are initiated.
Statement of financial assets – A summary of bank accounts, securities, real estate, and business interests, categorized by separate property and marital property.
Existing contracts – Review of an existing prenuptial or postnuptial agreement or, if neither exists, analysis of the question whether entering into one at a later date is still advisable and feasible.
Account access and proxies – Assessment of joint bank accounts and an action plan for these accounts in the event of separation or for the protection of marital rights.
Documentation – Securing relevant documents regarding income, assets, and business interests while access to them is still unproblematic.
Housing situation – Initial assessment of how the couple’s living arrangements could be resolved in the event of a separation, either through the courts or by mutual agreement.
We tailor the scope of this review to the specific financial and family situation and proceed with the necessary discretion before the other spouse is informed of the separation.
If you suspect that assets may be concealed, sold, or transferred abroad, we consult with our experts, such as forensic analysts, asset managers and attorneys abroad specializing in asset tracing. We document the initial situation in such a way that it can be used in court if necessary, even if no formal proceedings are underway at that time.
INTERNATIONAL COORDINATION
In an international context, we assess in advance which legal system applies to matrimonial property law and any subsequent proceedings. A planned or already completed change of residence can drastically alter the legal situation, which is why strategic preparation is all the more important in such cases.
HOW WE PROCEED
We specialize in the financial planning in view of separations and begin with a confidential initial consultation, during which we thoroughly assess the financial and family situation. Based on this, we develop a roadmap that covers the protection of marital property, coordination with the family office and tax advisors, and the timeline leading up to the actual separation. This ensures that the separation or the court filing is not disclosed before the essential foundations have been secured.
Preparatory steps include, in particular, compiling a statement of financial assets, reviewing existing contracts, and securing relevant documents before your spouse becomes aware of the separation.
Generally: as early as possible. At the latest: as soon as a separation is being seriously considered—even if the exact timing itself is still uncertain.
That depends on the specific situation. During a confidential initial consultation, we shall discuss the best course of action for your individual case, especially if your assets appear to be at risk.
We thoroughly document the initial situation and assess which legal steps—including precautionary court orders—are appropriate for securing assets in the specific case.
Yes, a postnuptial agreement can generally be entered into or amended at any time during the marriage, as long as both spouses agree.
These include, in particular, bank statements, documentation of separate property and marital property, documents related to business interests, as well as pension and insurance records.
Preparatory measures primarily concern the protection of assets. Matters relating to children (parental authority, custody, and child support) are addressed separately; however, initial strategic considerations regarding these issues can indeed be discussed discreetly in advance.