Divorce tourism – the basics
At its heart, the term ‘divorce tourism’ refers to when a divorce case, or parts of one, are heard in a different country to where the couple married or had their home. One spouse will usually do this in order to strengthen their claim to assets, giving themselves a better chance of securing a more generous divorce settlement.
The reason that a spouse in a divorce case may choose to apply for divorce in a different country is usually because the target country has a different legal system. For example, London is often thought of as one of the ‘divorce capitals’ of the world. This is because England’s divorce courts may be thought of as favouring the poorer partner in a divorcing couple. So, if your claim to a larger settlement isn’t that strong, you can potentially apply for divorce in a different country and secure a better outcome.
It’s much easier to do this if you are an EU citizen, as you have the right to apply for divorce (known as choosing a legal forum) in another EU country even if you don’t live there.
The Villiers case
The concerns over divorce tourism were highlighted recently after the Villiers divorce hit the headlines. Scottish couple Charles and Emma Villiers were married for 17 years and lived mainly in Dumbartonshire before separating in 2012.
The initial divorce petition was filed by Charles Villiers in Scotland in 2014, but just three months after this an application for financial maintenance of a reported £10,000 a month was made by Emma Villiers to courts in England. The reason appears to be that in Scotland, the legal system limits maintenance payments by wealthy spouses to just three years. In England, the wealthier spouse can potentially be ordered to pay maintenance to their ex-partner for life.
According to the EU Maintenance Regulation 2011, England and Scotland are treated as separate states. Despite this, the Villiers case is the first cross-border divorce battle to have occurred. However, Mr Villiers believes that there may now be a dramatic increase in divorce tourism cases.
Commenting on the case, he told The Telegraph:
“The case is undoubtedly going to result in a surge of divorcees swiftly relocating south of the border in a bid to cash in. It’s going to cause an absolute shambles.”
“It has given rise to the situation that whereas my divorce can only happen in Scotland my wife can make a standalone application for ‘maintenance’ in England.
“It is now, potentially, an irreconcilable situation.”
If you need expert help applying for or responding to a claim for financial maintenance, please contact Liverpool divorce solicitor Tracey Miller Family Law. We can help with all aspects of divorce, so don’t hesitate to get in touch.