Supreme Court decision has far reaching effects for vulnerable spouses living outside England

Derby Office Icon

 

A Scottish aristocrat has lost a Supreme Court appeal which will have far reaching implications for those who have potential divorce claims in more than one jurisdiction.

In 2014, Charles Villiers, a relative of the Duchess of Cornwall, issued divorce proceedings in Scotland, where he and his wife, Emma had lived for most of their married life. The following year Mrs Villiers made an application in England under section 27 of the Matrimonial Causes Act 1973 seeking maintenance from her husband, an area where the English courts have a more “wife friendly” and, many would say, fairer, approach to spousal support than Scotland.

Mr Villiers argued that the English court did not have jurisdiction to deal with his wife’s application but, by a majority, the Supreme Court have disagreed.

However, in a dissenting judgment, Lord Wilson said that the decision ‘will be the untrammelled licence given to a wife to go forum-shopping, in other words to put her husband at an initial disadvantage unrelated to the merits of her case’.

Indeed, the decision will add another level of uncertainty and the potential for so called “divorce tourism”. Equally the case highlights the English divorce court’s international reputation for protecting vulnerable parties and is bound to attract the attention of the wealthy for whom England has long been regarded as the divorce capital of the world.

For more informartion please contact Our Family Team

RELATED:   FAMILY


MORE FROM THE ADVICE CENTRE

News

Geldards recover £30,000 damages in Bilateral Cholesteatoma claim
06/10/2020
Amy-Beth Probert in Geldards’ Clinical Negligence team recently secured a settlement of £30,000 on behalf of a client who had a delayed diagnosis of bilateral cholesteatoma which resulted in increased hearing loss, loss of taste and more complicated surgery.
more...

Events

The return of the F-Word - Feelings
16/10/2020
The week commencing 02 November 2020 is International Stress Awareness Week.  For our final event of 2020, we are pleased to welcome back Julian Hall from Calm People.
more...

Blogs

EV Chat - with Dom Moyes DG Taxis on owning a EV fleet
21/10/2020
EV Chat - with Dom Moyes DG Taxis on owning a EV fleet
more...

Publications

Salus – Wealth and Family Protection
11/03/2020
Salus Magazine is brought to you by the Private Client team at Geldards to help you protect your wealth and family.
more...

Content Contacts

PARTNER

Fiona Apthorpe

FIONA APTHORPE

Partner, Derby

+44 (0)1332 254 124
email
more...