New trends are constantly emerging in pop culture, but another new and controversial trend is rising: divorce tourism.
Originally conceived as a weeklong getaway vacation to help a couple salvage their marriage before deciding on divorce, this idea has now taken on a new form in the United Kingdom. Where one party can seek a divorce settlement in England, in belief that the courts will be more generous to them, divorce tourism may be scrapped due to a legal battle between a Scots aristocrat and his wife.
In this case, the Scottish aristocrat accused his wife of attempting to increase her cash settlement by taking the claim to the English courts due to her now ‘habitual residence’ in England. There it is known that the courts are more favorable towards woman, and, therefore, can help the wife in her case. The aristocrat exclaimed that the English court had no right to intervene in the Scottish divorce case.
The debate carried on, leaving question as to whether the claim should be heard in England or Scotland. Currently, the UK government has permission to now intervene in this case, leaving heavy implications on post-Brexit divorce laws under EU jurisdiction.
Having the EU’s supranational law interfere with domestic, UK divorce laws will not only cause confusion, but it will rewrite all the laws into chaos for the years to come. This may result in extended divorce trials and lengthy settlements for future cross-border divorce cases.
At Shulman Family Law Group, we are experts in international divorce. Knowing it’s extensive process, we work efficiently and diligently to reduce stress surrounding your case. If you require assistance, please contact us on our website www.shulmanfamilylawgroup.us or call us at 818-222-0010.
