As if there wasn’t enough to think about in advance of ‘Brexit day’, spouses with English pensions who are divorcing or have recently divorced abroad must take a moment to consider the potential impact of the UK’s exit from the EU on their ability to share such pensions.
When it comes to determining spousal maintenance - should we have a system which delivers an outcome that is certain or one which is discretionary? This was the topic of a lively debate hosted by the Kingsley Napley family team with a panel of speakers that included esteemed family law judges and QCs. Context was provided by Baroness Deech’s Divorce (Financial Provision) Bill which, at the time of the debate was at committee stage in the House of Lords (it is now at 2nd reading stage in the House of Commons).
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.
As 29 March 2019 approaches and the prospect of a ‘No Deal’ Brexit looms, an increasing number of European clients living in England are asking if they should issue divorce proceedings in England now to try and secure the English jurisdiction before Brexit. We have seen this trend since the Referendum on 23 June 2016.
Over the years, I’ve encountered many couples in a relationship spanning 20 years or more, often with children together, who have never married nor have any intention of doing so. When challenged as to reasons for not marrying, there’s rarely expressed any aversion to marriage in principle. It’s just, “We’re happy as we are; we don’t need a piece of paper to prove the strength of our relationship”.