Adriana Auset: "My advice? Do not leave the job for them"

She has a photo on WhatsApp from this summer, at the top of a New York skyscraper. She says it is one of the things she likes to do most with her daughter: travel. In the image, she is wearing a shirt that says girl gang, a band of girls. She says it is pure coincidence, that she just liked the aesthetic of the look, even though on the trip they were effectively a band of girls: her, a friend, and their respective daughters. She had her alone, by choice, at 43 years old, and for 27 years she has worked as a matrimonial lawyer, a place from which to observe, on the front line, what happens and how people behave when love ends and, consequently, their finances change.

What do you see in the office today?

— That many people who want to get a divorce cannot do so because of housing. 20 years ago that didn't happen. But they do the math… and it doesn't add up. In many cases they decide to continue living together but leading separate lives. And the result is always an absolute disaster.

You have specialized in cases of large estates.

— I call it great complexity.

Are they cases like Piqué and Shakira?

— In her case it was not a matter of money, the problem was that she wanted to take the children to another country. The most significant case in recent years in Catalonia in this regard may have been the Palatchis. He was the owner of Pronovias and she held positions within the company and... they are, evidently, complicated cases.

What are we talking about when we talk about great wealth?

— It can be many things. A well-known multinational, many properties, a holding company, investments abroad. All of this is complex, because it must be divided.

Don't the rich leave everything tied up and well tied?

— Most do, they marry under separation of assets. But in a divorce, one party can say: you have all of this because I stayed with the children. Or I put down a down payment for this house. The problem is that here there is no common practice of signing prenuptial agreements.

Maybe we don't think clearly when we are in love…

— In the United States, they are used to it. I have seen 100-page agreements where absolutely everything is defined. It is hard for me to understand why we make wills here and find it so difficult to make these agreements. It is the healthiest tool for facing a divorce with large assets.

When you spoke about imbalance, is it the typical case of the man who works and the woman who takes care of the children?

— Yes, a case that causes problems for example is expatriates. He is offered the job of a lifetime in Dubai, and she accompanies him, leaving her professional promotion behind thinking that they will be there for a few years and will return with a lot of money. You don't think you will get divorced. And when it happens, compensation must be set, which is usually between 10 and 25% of the assets acquired during the marriage.

Do they react differently?

— They fight to maintain the level they are accustomed to and were promised, and they, usually, have promises of good will at the beginning, but things change when there is a significant economic struggle. And they are complicated pensions.

Why?

— Because they are marriages that have led a very high standard of living. The children have gone to international schools or are in very expensive private universities, they have a private jet, art collections, they may have cryptocurrencies... Of course, it is more difficult to determine how much all of this is worth and how it is distributed than in, let's say, normal marriages.

What if both earn money?

— They don't cause problems. The problem is when there is an imbalance or when they share a company, because it must be seen if one sells shares to the other. Or not harming other partners, if there are any.

The most difficult case.

— Usually they are two foreigners with a lot of money, many holdings in other countries, also in tax havens. And often without being clear about what is there. Because one thing that also happens is that they hide money. They conceal assets, investments, and you have to conduct a financial investigation: monitor bank movements, request information from property and commercial registries, balance sheets, assets... And, if they do not reach an agreement, you have to issue international letters rogatory. A lot of work.

You have seen many cases. Do they want to separate more, the men or the women?

— Ooh… Talking about this, I don't know if it's a good idea

But you do have an answer.

— I see that if a man gets divorced, it is usually because he is with someone else. The woman, usually, is fed up. But let's see, there are cases of everything. Put that in too.

Your clients come, in most cases, at a very bad personal moment.

— Yes, it is a grief and it is horrible. Often, resentment appears and makes negotiations very difficult. As a lawyer, I listen, I am always available to them. But my job is to resolve the problems they have, and therefore, what helps me is to speak calmly with the numbers in front of us.

A piece of advice.

— I have two.

Come on.

— One of the big mistakes that is made is not documenting. It is important to document all the assets and all the contributions that everyone makes in a reliable way. Negotiate instead of litigate. The client is never one hundred percent in agreement because it is never one hundred percent perfect. But I think that in general it is better than a trial. Oh, and one last thing.

Go ahead.

— Do not quit the job. If the husband has a job in Dubai, he should go and come back or they should find a way. But she should not quit her job for him.