Millionaire wives to lose favourable EU 'divorce tourism' laws after Brexit


Millionaires’ wives will find it harder to seize the tactical advantage by filing for divorce in countries where the courts are more favourable, as “first past the post” laws will not apply after Brexit.

European Union rules state that divorce proceedings take place in whichever country they are initiated. The dependent spouses of non-doms and wealthy jet-setters with connections to multiple countries often seek to divorce in England, known as the divorce capital of the world, where the courts typically order far more generous maintenance and child support to be paid to ex-spouses and children.

Dubbed “divorce tourism”, in some cases, individuals will fly to London and file for divorce hours before their spouse attempts to start the process in a less favourable jurisdiction.

But from January, the rules, known as “Brussels II”, will no longer apply in Britain unless they are carried over in an agreed Brexit deal.

Legal experts have said the change will give rise to millionaires stating in prenuptial agreements where proceedings are to take place should they divorce, to stop their spouses receiving more favourable treatment.

Daniel Eames, of law firm Michelmores, said: “The English courts will be able to refuse jurisdiction in favour of another EU member state which is more closely connected with the marriage. This is likely to lead to the greater use of prenuptial and postnuptial agreements which decide in advance which country should have jurisdiction for divorce.

“Under EU rules today, wealthy individuals are not able to protect themselves from this ‘forum shopping’, as the law states any agreement would be ignored if the other party issued their divorce first, regardless of any prior written agreement.”

Harriet Errington of Boodle Hatfield, another law firm, said the change would also lead to an increase in disputes over where proceedings should take place.

“The rules as they stand are very clear. It can lead to couples racing to file first in different countries, but without this clarity, things will be more tricky. You could have people with connections in two countries arguing over where the divorce should be, which will drive up litigation costs.

“The courts will ultimately decide depending on which country is truly their home,” she said.


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