Divorce - Navigating the Changing Legal Landscape

The unprecedented situation being faced worldwide at the present time resulting from the Covid 19 pandemic with its ever-changing range of variants has placed considerable pressure on married couples. The effects of lock-down, working from home and the additional issue of having to undertake home-schooling have all taken a toll.  Many couples trying to manage these issues are finding it increasingly difficult to cope, often in a marriage that is revealed as being far from ideal and is unraveling.  As the festive season approaches it is often a time when one or both spouses realise that they cannot continue as a couple and that they have reached breaking point.

Anyone who is thinking of starting divorce proceedings or whose partner has decided to end the marriage would be well advised to avoid making any instant decisions. The vast majority of people are in unfamiliar territory and their situation requires expert legal guidance to enable the evaluation of the range of options open to you to protect your position.  Divorce and particularly cross-border divorce always has the potential to be complex.  To avoid making rash decisions that may impact on the rest of your life it is of paramount importance that expert legal advice is sought.  Giambrone & Partners family lawyers have years of experience in assisting and advising individuals who wish to divorce.

Where the husband and wife originate from different countries and have connections to both the UK and another EU country. An individual may find that their divorce is happening in their spouses’ country of origin.  The deciding factors for jurisdiction in these circumstances are often the country that has the closest connection to the petitioner, the factors that are considered are as follows:

• The nationality of both parties
• The location of the matrimonial residence and any other fixed assets
• The usual domicile of the couple
• Where both parties work
• Where children of the marriage under the age of majority attend school

The divorce and financial settlement laws do vary from country to country including the way assets, pensions and spousal maintenance are treated, with some jurisdictions resulting in a vastly different outcome for the divorcing couple than others.  London is the jurisdiction of choice for many spouses mainly due to the courts’ inclination to favour the financially weaker party together with the wide discretion that the judges in England and Wales can extend with regard to the financial orders related to a divorce, including, on occasion and where appropriate, making life-long maintenance orders.  London has often been referred to as the divorce capital of the world.

Giambrone & Partners family lawyers point out that, in certain situations, an EU national living and working in the UK may still have the right to bring divorce proceedings in the courts of England and Wales.  However expert legal advice is essential to navigate the law on this point, making it crucial, the moment the decision to divorce has been made, to seek expert legal advice, especially if there is the potential to select a jurisdiction.

Our experienced lawyers will guide you and be by your side to ensure that the decisions made and the manner in which the divorce is managed results in the best possible outcome.

For more information on how to deal with a divorce please click here