Legislative stability related to matrimonial assets is at a constant. There haven’t been any significant changes, even with the introduction of the new Civil Code in 2013. The difference now is on the clients’ part. It is very common to have cases involving high net worth individuals. I often represent clients in matrimonial trials worth millions of dollars. Another interesting angle is the emergence of trusts, which can substantially make it more difficult for spouses to unearth each other’s hidden assets. In your experience, what are the biggest challenges when dealing with property disputes, and how do you resolve these issues for your clients? The biggest problem stems from defendants hiding their assets from their partners. Therefore, the biggest challenge for any client is to enlist an accurate asset catalogue. Every legal channel is heavily invested in this process. The root of the issue is that a lawyer doesn’t possess every tool to review assets. However, we can guide this process very well, having solved thousands of cases. Firstly, it is very often that we can establish facts from breadcrumbs of information that the judge can use, who in turn has the right to access evidence and accepts our filing for motion. Secondly, we can attest without evidence by means of a substantiation emergency. A defendant can also often own assets through foreign entities, but this isn’t a hurdle for us as we will almost always find evidence of a connection between the two. We frequently witness the accused unravel right before the judge during questioning. I often use a technique to get to the defendant’s weakest point through conversations with my client and then watch the other party lose control upon its examination, which is half success already. My client has the right to the truth even if the accused isn’t fair. 20 LAWYER MONTHLY MARCH 2025
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