We are often asked whether a couple can choose which country to divorce in and where they will have the greater economic advantage. With the new European regulations a “first come, first served” approach has been taken.
A lot has been written in the news about wealthy individuals – forum shopping – that is looking for the best country to take the action. Where there is considerable wealth this is often thought to be England. One successful London case went to the Supreme Court and involved a wealthy individual who used a network of companies to try and avoid a payment to his wife. The Supreme Court decided in favour of the wife in this case.
However a very different case will have set alarm bells ringing among English divorce lawyers as a husband’s declared dislike of the English weather has prevented his wife from making claims against property he has in England! The husband says he intends to remain in Spain although his wife presented evidence that he was less than complimentary about Spain when they were together.
If there is a divorce in Spain the door can remain open in England under specific provisions which allow someone to make a financial application in England after a foreign divorce. You have to prove that the financial matters have not been properly dealt with and there are assets in England such as property, monies or pensions.
One option is to instruct a barrister in England who can advise you and act for you. Barristers will be familiar with the decisions being made in the Family courts so can help in avoiding unnecessary expense by seeking a negotiated agreement if that is in your best interests.
They can also help to ensure that you get disclosure of the true financial situation of the other party. This can be very important in pension cases for UK spouses. Using the relatively new Barrister’s Public Access scheme and with the help of an instructing firm, such as De Cotta Law, based in Spain you can avoid the potentially higher cost of using a UK solicitor’s firm and would only need to travel to the UK when a court hearing is required.
For more information on Family Law and Divorce, please contact Sandra Wrightson, De Cotta Law