Professional legal translation and court interpretation services are important for attorneys representing culturally and lingustically diverse clients. When dealing with expat clients living abroad or preparing to move abroad, it is important to advise them of the unique legal issues that may arise and, more importantly, prepare for them:
- If you move overseas with children, you may not be able to leave with your child. According to the Hague Convention, both parents’ typically must consent to the child’s move. Be sure your client is aware of this.
- If you make a deal with your spouse that the move is just for a trial basis, be sure to get it in writing. Verbal agreements always seem to be forgotten when issues arise. If your client suddenly finds themselves in the midst of a child custody case in a foreign jurisdiction, you’ll want to be able to produce a written contract that includes a foreign language translation.
- If a couple has a prenuptial agreement, moves to a foreign jurisdiction and then files for divorce, the prenup agreement may not be recognized under the foreign law. For example, English courts hold that prenuptial agreements are against public policy. Further, all agreements should have a foreign language translation prior to moving abroad.