Dubai family law case study: divorce jurisdiction and parallel proceedings in the UAE Family Court

The English Channel, La Manche, is only 350 miles long, separating England from France.  When looking at divorce principles however, we have historically been oceans apart from France, with significant differences in outcome depending whether the proceedings have taken place in France or in England.  French law is based on a civil code, with divorce law applying property regimes to the division of assets, which is often incompatible with the common law, discretionary system in England.  In the early years of my Anglo-French practice, French couples living in England were often taken aback to learn that the property regime they chose when they signed their French marriage contract might not be applied by English judges if they divorced in England.

London has long been a popular city for French expats, and despite the reported drop post- Brexit, is still home to a reported 100,000 French nationals many of whom applied for settled status. There are 9 bilingual French schools in London and with the Eurotunnel celebrating 30 years of operation, London remains an attractive residence for French professionals.

I am regularly asked to advise French and international couples on the protective agreements available to them before they marry.  They are often surprised to learn that it isn’t possible to draft a global prenuptial agreement which would be enforceable throughout the world, wherever the couple move to in the future.  

The importance of inheritance planning cannot be underestimated – failure to consider the succession and tax consequences that arise on the death of a spouse can lead to significant financial implications, at a time when emotions could already be running at an all-time high. Particularly in situations where there is a large amount of familial wealth, the earlier this is considered, the better, and marriage (and the election or not of a matrimonial regime, or creation of a bespoke nuptial agreement) is a good time to take stock and ensure your family is protected for the future.

The concept of matrimonial regimes has become increasingly well known in England, having been a stalwart of the French marriage process for centuries. International clients and those with Anglo French connections are asking the right questions about French marriage contracts versus English prenuptial or postnuptial agreements more frequently, being more aware of the significant differences between the two and also the need for cross-border legal advice to ensure their interests are protected should they later choose to divorce.

It is often a surprise to our international clients how stark the differences can be in family law and procedure worldwide. In almost every case involving parties either born, or living in Europe or further afield, there has been a conversation in which clients express shock at different elements of the English system. This is particularly true of financial cases.

The question of whether to seek a divorce is one over which many people agonise. However, for divorcing couples with international connections, the associated questions of when and in which country to get divorced are also extremely important considerations, and ones which can have serious repercussions for the outcome.

The Court of Appeal has today released its judgment in the case of Re S (Children: Parentage and Jurisdiction) [2023] EWCA Civ 897, which was heard earlier this year.

La requête en divorce a été déposée. L’on peut à présent se concentrer sur l’un des deux autres éléments essentiels d’une séparation, à savoir l’aspect financier. La procédure sur les mesures financières et la décision finale sont un facteur décisif dans le choix du lieu du divorce. De nombreux clients supposent que les procédures en Angleterre et en France sont similaires. Cela n’est pourtant pas le cas.  

The divorce petition has been lodged. The focus can now switch to the two other key components of a separation, of which one is the finances. The process of applying for a financial order, and what order is made at the end, will be an important factor in deciding where to divorce. Many clients assume that processes in England and in France are largely similar. However, this is not the case. In this blog, we summarise the key stages in both French and English financial order applications, including the application, supporting information, hearings, criteria and available orders.

15 February saw the introduction of a new law in New York state which legalises compensated gestational surrogacy arrangements. The Child Parent Security Act (the “Act”) brings in to force a range of provisions which formalise and regulate Surrogacy agreements.

Connie Atkinson, Senior Associate at Kingsley Napley, and Veronica Dindo, Solicitor at LawLab studio legale, look at the legal position in England & Wales and Italy and the recognition of foreign orders relating to the birth of children born following a surrogacy arrangement abroad.

The Supreme Court recently made clear in Villiers v Villiers [2020] UKSC 30 that divorcing in one EU country does not prevent a party from making a separate claim for maintenance from their spouse in England and Wales. The case therefore demonstrates the possibility of ‘forum shopping’, where a party seeks to bring a financial claim in a jurisdiction (country) that is more convenient or provides a more generous maintenance provision than the jurisdiction in which the divorce is taking place. However, the loophole relies on an application of the EU Maintenance Regulation which will cease to be in force in the UK on 31 December 2020. This blog considers the case of Villiers and how Brexit will affect the current position.

Despite the wonders of modern technology helping to keep people in touch during the coronavirus pandemic, many separated and divorced parents who live far from their children are finding life very difficult at the moment. In this blog, we look at some of these scenarios and the questions arising at this unprecedented time for separated parents who either wish to relocate or stop the other parent from relocating overseas (international relocation) or to another part of the UK (internal relocation).

Pour de nombreux d’entre nous, notre maison est un endroit où l’on se sent en sécurité lors de périodes difficiles, de moments de stress et d’incertitude. Mais pour ceux qui sont victimes de violences domestiques, leur maison est souvent un espace de violences, de danger et de peur. Selon les chiffres produits par le gouvernement, il est estimé que 1.6 million de femmes et 786,000 d’hommes en Angleterre et au Pays de Galles ont été victimes de violences domestiques l’année dernière,  un chiffre qui est alarmant. 

This week’s episode of The Split gave us further insight into the Hansens’ family life with red flags starting to show in respect of Richie’s behaviour towards Fi. Towards the end of the episode, Hannah makes reference to controlling and coercive behaviour – a topic we have previously blogged about here. We will watch to see how that storyline develops and what advice and assistance Hannah is able to provide to Fi to extricate her from what is starting to look like a deeply troubling relationship.

Last week, Jane Keir attended the American Academy of Matrimonial Lawyers (AAML) National 2019 Annual Meeting in Chicago, where she spoke on “Discovery beyond our borders: gathering information in international cases” alongside Sarah M Boulby, Boulby Weinberg LLP from Toronto; Rachael Kelsey, SKO Family Law Specialists, from Edinburgh; Mia Reich-Sjogren from Gothenburg; and Alfonso Sepulveda from Mexico City. In the short time available, they touched upon a whole raft of procedural similarities and differences and ways of trying cases.. It is safe to say that top of the list of differences between England and Wales on the one hand, and the US on the other is the use, or not, of depositions. 

The “joint family” is a concept which most Indians will be familiar with, even those growing up in a less traditional family set up in England. In India, it is seen as the most desirable set up for families as a way to retain wealth and working together.  However, the concept of ‘sharing as needed’ can place the family wealth under significant risk of attack upon divorce and create unnecessary (and often costly) complexity and financial uncertainty at an already difficult time.

A recent England and Wales High Court case highlights the need to establish connection, particularly where forum shopping is alleged. 

Last year, a report from Dubai spoke of the attempts by a mother to recover her daughter, apparently kidnapped by the child’s father and taken to Russia.  The mother had been awarded custody in the Personal Status Court (PSC) of Dubai in circumstances where an extradition request had been made against her by the Russian authorities.