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There are compelling reasons that London, under the jurisdiction of England and Wales, has frequently been referred to as the divorce capital of the world. The divorce courts of England & Wales are perceived as completely impartial with a reputation for delivering fair decisions without fear or favour, untouched by outside influences. The London court often provides a fairer division of the assets of the marriage and the weaker party, often the wife but not exclusively may often obtain a fairer share than in other jurisdictions that may demonstrate bias against women.
Each year there are in the region of 24,000 divorces and other issues involving a foreign national heard in the courts in England & Wales. The circumstances of each couple are unique and the impact of divorce is far-reaching and jurisdiction can be a critical factor, not only with regard to the financial aspects but also in relation to the children of the marriage. The starting point for the division of assets is fifty-fifty in the courts of England & Wales but will vary depending on a number of other factors.
The recent high-profile divorce involving the ruler of Dubai, Sheikh Mohammed bin Rashid al-Maktoum and his former wife Princess Haya has been highlighted as a significant landmark case in the English courts. The princess brought the matter of her financial settlement to the London courts resulting in the highest recorded divorce settlement, potentially amounting to over £500 million. Princess Haya’s divorce and initial divorce settlement were decided in Dubai. However, in certain circumstances and with sufficient connection to England you can bring a claim or variation for financial relief before the London courts under Part III of the Matrimonial and Family law Proceedings Act 1984 such applications are commonly known as Part III.
The criteria required to permit such a claim is as follows:
- Your foreign divorce must be legally valid.
- You may not have remarried since obtaining your divorce
- You have an adequate connection to England
Sufficient connection to England can be proved in the following ways:
- You consider England to be your home and either you or your spouse have been domiciled in England at the time of your foreign divorce.
- You or your spouse were consistently resident in England for at least 12 months before the date on which the divorce application was made or the date from which your foreign divorce became effective.
- Either you or your spouse has an interest in the matrimonial home in England. This includes an interest deemed to be a beneficial interest so it is not necessary for your name to be on the title.
Giambrone & Partners’ family law team has considerable expertise in dealing with cross-border matters and can advise and guide you through the process of applying for a variation to the financial provisions granted in a foreign court under Part III. The criteria for such an application is quite narrow and there is a filter system in place to exclude applications that have no merit. Our lawyers can review your evidence and guide you through your application.
Once the court has accepted a Part III application there is wide discretion with regard to the variations that can be made and there are a range of factors that will be considered. Seeking to alter the financial provisions in the courts of England and Wales can make a significant difference to the future well-being of the individual.