header-logo header-logo

What’s mine is mine! Until we move to England…

22 November 2018 / Ellie Hampson-Jones , Caroline East
Issue: 7818 / Categories: Features , Divorce , Family , Property
printer mail-detail

Caroline East & Ellie Hampson-Jones explain why couples who wed abroad may be caught off guard by our matrimonial property laws

  • Outlines the recent case of XW v XH 2017 EWFC 76, where an Italian couple had opted into the separazione dei beni regime.
  • Explains how English divorce law may surprise wealthy couples from overseas.
  • Looks at ways to solve this issue and safeguard wealth.

Matrimonial property regimes govern the ownership of property during, and at the end of a marriage. They are commonplace in many European countries but we do not have a matrimonial property regime in England and Wales. So, what happens if a foreign couple who marry in a jurisdiction which has such a regime moves to Blighty and ends up embroiled in divorce proceedings here?

Enter the recent case of XW v XH 2017 EWFC 76.

Background

The wife was born in 1969 and was of Asian and European descent. Her mother’s family came from a

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll