Thursday, 19 April 2018

Cross border divorce is an issue

England could face a deluge of divorce cases from the other home nations if an estranged wife wins her current court case.

The wife and her aristocratic husband – who is a relative of the Duchess of Cornwall – are locked in a legal battle about whether arguments over their divorce settlement should be held in an English or Scottish court.

And now, family law expert Gemma Himsworth of Martin-Kaye Solicitors in Telford, said if the wife wins, the case would set a precedent that could bring a huge increase in similar claims.

“The case involves Charles Villiers and his estranged wife, Emma, who lived for all but one year of their 17-year marriage in Scotland. They separated in 2012, and Mr Villiers filed for divorce in Scotland in 2014. But Mrs Villiers applied to the English courts three months later for financial maintenance of £10,000 a month.”

Mrs Himsworth said under Scottish law, inherited wealth is not taken into account when assets are divided, and maintenance payouts are generally limited to three years. “But here in England, a divorcee can secure financial support for the rest of her life from her former spouse.”

In 2016, the courts decided the English High Court could help Mrs Villiers because she was then “habitually resident” in England – they ruled Mr Villiers should pay her £5,500 a month to cover interim maintenance while the divorce is finalised and her legal bills.

“Now though, Mr Villiers is challenging the ruling and insisting that an English judge had no right to intervene in a Scottish divorce. The case is still ongoing but once it has been decided, if Mrs Villiers wins then England and Wales could see a real surge in similar cases from Scotland, and an increase in the arguments between spouses about which court should hear their dispute.

“Mr Villiers claims that his wife is ‘trying it on’ and that the courts should throw out her case.

“It remains to be seen who will win their claim, but it’s clear that the case could be a turning point in the way cross-border divorces are handled and the way that settlements are decided, so we will be watching closely to see how things develop.”