Each country has its own divorce and financial remedy laws. When a divorcing couple has global connections, disputes can arise over which country is more appropriate to deal with their divorce, and one partner may initiate proceedings in the jurisdiction most favourable to them.
Here is a case study to consider...Mr D is a Scottish national who owns two properties in Edinburgh. In 2003 he met English national Ms A and they moved into a rental property in Liverpool. Ms A did not own property. They married and had three children. Ms A put her career on hold to care for them and Mr D became the sole breadwinner. In 2015, they relocated to a rental property in Glasgow for Mr D’s job. In 2020 the marriage broke down. Mr D remained in Scotland. Ms A and the children moved to Liverpool.
In the post-separation negotiations, Mr D wished to pay Ms A a small lump sum, exclude his Scottish properties from the division of assets and prevent her from pursuing any additional claims e.g. spousal maintenance. When Ms A did not agree, Mr D threatened her with court proceedings. Ms A came to us for help.
Due to his nationality and where he was living, Mr D could have initiated proceedings in Scotland. Under Scots law, Ms A would have been restricted to very limited maintenance payments. Also, due to stricter ring fencing of non-matrimonial property, Mr D may have been able to exclude his Scottish properties from the division of assets. We acted quickly, initiating proceedings in England, securing a significant lump for Ms A to re-house herself and the children; ongoing spousal maintenance and a pension share.
The above case study shows how we make the difference in these scenarios. By acting swiftly, we helped Ms A initiate proceedings in the jurisdiction where she was most likely to achieve a favourable outcome, ensuring she could maintain financial stability for herself and her children.
Through Brabners Personal we support individuals in cross-border divorce proceedings. To find out more, please visit our dedicated International Divorce Proceedings webpage.
