ENGLAND – The Divorce Capital of the World!
04 December 2009
Rayma Collins discovers why the English divorce Courts have been branded “The Divorce Capital of the World”
As many of you have seen in the press, forum shopping for generous divorce courts is something of a hot topic. The Times recently reported on research which found the South East judiciary are particularly generous to women in exercising their discretion in respect of financial awards within divorce.
Current position
Despite a change in social times, the legislation relating to divorce has barely changed in 40 years. Divorce proceedings can be issued in any Court in England and Wales. As a result, many spouses are choosing to forum shop and issue their petition in the area which will be most favourable to them.
Without any parliamentary legislation, a notion has emerged within family law which means that even after a short childless marriage, the Court could decide that a wife should receive a large quantity of the other spouse’s assets on divorce. This, in some cases, has been irrespective of the source of those assets or contributions to the same and was recently highlighted by the well publicised McCartney case.
As a result of the generous approach of English Courts women, many of whom are usually domiciled overseas, are choosing to issue proceedings in England to take advantage of the generosity of our judicial system. There have been reports of European solicitors advising wives to take a trip to England for this very purpose.
Is this about to change?
Family lawyers and the public alike agree the approach of English divorce Courts is vastly out of step with other European Countries. This has somewhat embarrassingly led to the UK Courts being branded “The Divorce Capital of the World”. In recent weeks the unfairness of this system has been highlighted in the press arising from comments made by Baroness Deech, the Chairwomen of the Bar Standards Board and a family law expert, declaring the current system discriminatory to men and demeaning to women.
Given recent public outcry in support of Baroness Deech’s comments, one would think lobby for change will follow. This would certainly assist in restraining the current swell of petitions made by wives and other European nationals in the English Courts. However, family law is a political hot potato because it touches so many people’s lives. Consequently, despite the obvious failings of the English judicial system, politicians are reluctant to get involved and as such, it would appear that change is unlikely in the foreseeable future.
As a result of the current system and the Court of Appeal ruling in Radmacher during the summer which boosted their legal enforceability, many law firms have seen a rise in the request for Pre-Nuptial Agreements. These documents aim to avoid this type of unfair outcome and protect pre-acquired wealth on divorce.
Should you require advice about divorce, pre-nuptials or any other matter relating to family breakdown, please feel free to contact Warners Solicitors for an initial free half hour consultation.
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