Where should I go for my fair share?

If you or your spouse have assets, family connections, domicile or nationality in more than one country in the European Union, you should know that the country in which you start the divorce decides the law not only for divorce, but also for financial issues. A High Court decision in September 2007 in Marinos means you could become eligible to divorce in one country in as little as 24 hours by establishing it as the centre of your interests, technically known as your “habitual residence”.

This is significant because the law in England differs to other countries in the European Union. English law often achieves better financial outcomes for wives than under the laws of other European Union countries. The Court of Appeal in Charman in May 2007 described London as the “divorce capital of the world”.

Starting the divorce can be urgent, because a “divorce race” and “forum shopping” can occur if you or your spouse are competing to use different European countries for the divorce and financial settlement. It is therefore best to start the divorce as soon as possible in the country where you want the divorce to take place. If you start the divorce in England, the English court will deal with the divorce and the financial settlement and will apply English law. It will not then be possible for your spouse to move the divorce proceedings later on to a court in another European Union country.

To ensure the English court deals with your divorce and applies English law, the divorce papers must be correctly issued in the English court, with the divorce process progressed within a reasonable period of time. Early specialist advice and representation is essential to ensuring a speedy and effective outcome.

This firm can only advise on English law Before starting a divorce, we recommend you consult a specialist family law solicitor in other countries where you may begin the divorce so that you can make an informed decision. Our clients benefit from our wide network of contacts which include overseas specialist lawyers.