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 at De Cotta Law’s Nerja office on (+34) 952 527 014 or email [email protected]