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The Home Stretch

26.01.22

Vardags offers legal services to the global elite. Abode2 spoke to founding lawyer, Ayesha Vardag about the bene­fits of a British divorce

In an increasingly globalised world, marriages have become increasingly globalised too. ­The result of this, can mean residing, working, and even holding assets in, different countries. But it can also mean, in the event of marital breakdown, divorcing in a different country.

Before choosing to file for divorce in another country - or letting your spouse do the filing for you - it’s crucial to understand the legal implications of where you get divorced. And in these instances, the mantra location, location, location rings just as true for divorce as it does for property, with the forum you choose to divorce in having a potentially huge impact on the kind of financial settlement you walk away with.

As a British expat, you may not consider the UK your most coveted holiday destination - but you should consider it for your divorce. ­ That’s because London is not only (possibly) the Rainiest Capital of the World, but (definitely) the Divorce Capital of the World. ­ This is all down to the considerable generosity of the UK courts in comparison with other countries, especially in instances where you find yourself to be the ‘weaker bargaining party’. Here in the UK, judges view the marriage in the first instance as a partnership of equals: it’s not about who has what job, or who earns most (or even any) of the money. Homemaking British expats can therefore feel safe in the knowledge that martial assets and who they belong to, is always decided via a fair and considered decision-making process.

­Though it feels a million years ago now - the B-word is still one to hover on many of our lips. Prior to Brexit, deciding who got to divorce where, was rather like a race, and the EU country in which divorce proceedings began first was the reigning winner. ­ e loser would have to halt proceedings. No longer in the EU, and no longer subject to those rules, the UK doesn’t have to halt proceedings despite being brought first in another EU country. Instead, going ahead in the UK is dictated by a consideration of suitability, based on factors such as the nationality of the parties, habitual residence, domicile, and where any assets are held. ­­­

www.vardags.com

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