The Home Office’s new “early ILR concession”
Les récentes décisions prises dans les affaires de divorce « Sharland » et « Gohil » par la Cour Suprême de Londres en octobre 2015 montrent qu’il existe de larges différences de pouvoirs entre l’Angleterre et la France en matière de divulgation patrimoniale.
The recent divorce cases of Sharland and Gohil, which were decided in the Supreme Court in London in October 2015, demonstrate the significant differences in financial disclosure powers between England and France.
If you are a French national living overseas who is going through a divorce, you may expect to be able to rely on the content of your French marriage contract (“contrat de mariage”) to determine the way your assets will be divided between you and your spouse. However, you cannot rely on this assumption, especially if you are divorcing in England.
Our clients frequently come to us with the understanding that where they marry is relevant to where they will get divorced. They assume there is a connection to that place and that there is no choice therefore as to where they might get divorced. These assumptions are wrong and an already complex picture is even more confusing for international couples when it comes to pre-nuptial agreements.
The Law Commission’s February reforms, outlining measures to make it easier for separating couples to manage their financial affairs, recommended that the law should give greater recognition to
private ‘qualifying’ pre-nuptial agreements, which have been growing in popularity despite the fact that they are not currently legally binding. That’s all well and good for English agreements for English couples,
who will benefit from greater economic certainty and protection against the discretionary powers of the English courts should their marriage breakdown — statistically a one-in-three chance.
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