Divorce Proceedings In London Courts Rise After Brexit

by time news

The UK’s withdrawal from the European Union has led to an increase in divorce proceedings in London courts, according to the Financial Times.

This is due to a change in legislation that concerns the appointment of alimony in case of divorce. After the end of the transition period after Brexit, courts in the UK began to make decisions without being guided by European rules.

Alexandra Tribe, managing partner at Expatriate Law, told the FT that such changes in procedural law are “good news” for expatriates who, for example, live in the Middle East or Asian countries, but want to file a divorce suit in London. Tribe explains that, for example, in Dubai, the court, when deciding on divorce, can order alimony for the maintenance of one of the spouses for a period of no more than three months. Courts in London are “more generous” and more often than not divide property equally between spouses, despite the fact that only one of the spouses was the main breadwinner.

In addition, a spouse temporarily residing abroad, who indicated England as a permanent place of residence, faced the blocking of the divorce proceedings in an English court if the other party objected, the publication points out. However, the EU rules are no longer applicable.

The non-applicability of European rules in English courts has created a risk of conflict and double enforcement, Michelmores partner Daniel Eames told the publication. For example, UK courts can award annual alimony, sometimes for life, or order a lump sum or transfer of property. In other European countries, such as France, alimony payments are often strictly limited in time and are only scheduled for three years. Before Brexit, the decision of the British court was automatically recognized in another member country of the alliance and vice versa, the newspaper points out. Legal uncertainty remains on this issue now.

London is considered the “world capital” of divorce proceedings, the FT points out. In the English courts, divorce proceedings were and are being carried out for Russian businessmen – Arkady Rotenberg, Vladimir Potanin, Farhad Akhmedov, Roman Abramovich and others.

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