PLEASE NOTE: Information in this article is correct at the time of publication, please contact DFA Law for current advice on older articles.
When a separated couple appeared before the family court, having already spent more than 20 per cent of their combined wealth of £4 million on legal costs, the judge felt it necessary to warn them of the danger of dissipating their assets.
The couple met in Singapore and married there in 2009. Three years later, they separated and the wife took their son to live in London, where she works.
The wife petitioned for the divorce proceedings to take place in England, but her husband argued that neither he nor his wife was domiciled in England and the divorce should therefore be dealt with in India, which was the domicile of origin of both of them. If the husband’s argument were to prevail, the wife’s financial settlement would most likely be less generous than if the case were dealt with in the English courts.
The court accepted that the couple had acquired a domicile of choice in England and that the divorce should be heard here. The judge went on to warn the parties of the potential for ‘financial suicide’ if they persisted in arguing at great expense over straightforward issues that were likely to have little impact on the final settlement.
Whilst divorce is normally painful and recriminations are common, the most satisfactory result in the long run is often achieved by negotiation rather than litigation.
In the event of a family break-up, our experienced family law team can assist you to achieve a fair settlement and minimise the distress you suffer.