FT Wealth quotes Sarah Anticoni on how forum shopping can be challenged in the English court
Sarah Anticoni is quoted in a FT Wealth feature on no-fault divorce laws and how forum shopping can be challenged in the English court.
Sarah shares the below insights:
"While there may have been a few couples who held off pressing the button on their divorce until 6th April, there’s been no unmanageable surge in petitions. We don’t anticipate that there will be a significant number of couples coming from abroad who are choosing to divorce in London.
London is heralded as the ‘divorce capital of the world’ due to it being seen as generous in financial provision, especially to weaker financial parties, which are often women. This has led to many choosing to forum shop and see if they can litigate in England, to take advantage these favourable conditions.
For example, in England, pre-marital co-habitation that runs seamlessly into a marriage adds to the length of marriage, so claims for property, capital and pensions can seem much higher than in other countries. However, while spousal maintenance is still available in England, it is becoming much rarer to obtain an order for lifetime spousal support. This reflects the fact that many more women are working than before or could work in future. The breadth of financial claims are more important to international couples than no-fault divorce, in attracting them to litigate in the UK.
Aside from the UK, some states in the US are also generous upon divorce. There does not seem to be a feeling that other countries are concerned about England’s divorce laws and many spouses who divorce abroad can come to England for further provision.
More widely, forum shopping happens across the globe and not just for divorce. It’s important to bear in mind that when somebody tries to divorce in England, if the other party sees it as a deliberate attempt to obtain more money, they can challenge it in the English court. The court then has to decide which is the most convenient place to litigate."
Her quote as featured FT Wealth is below:
"It’s important to bear in mind that when somebody tries to divorce in England, if the other party sees it as a deliberate attempt to obtain more money, then they can challenge it in the English court.”
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