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  • Published:
    15 May
  • Area of Law:
    Divorce & Separation

Zahra Pabani comments on divorce settlements

Zahra Pabani, divorce specialist says:

"The UK Courts adopt a sharing principle where the breadwinner should be equated to the homemaker. This means that the wife shouldn’t just get what she needs or wants, she should get half of all the combined wealth.

"As this case shows, women are still not quite reaching a 50:50 split agreement, it is usually settled at around 40 per cent of wealth. So, although the former wife in this case got awarded a huge sum of money, the husband is still better off overall.

"Because the ex-couple had assets in this country and were living in the UK, the divorce could take place in this country. As soon as valid request for divorce was issued, the UK Court would have been ‘seized of the matter’ and the process would have to be carried out in this country.

"Whichever party validly issues proceedings first, in their country of choice, is where the divorce will be heard. Many wealthy individuals with assets such as property in multiple countries, go through a process called ‘forum shopping’ to identify which country’s jurisdiction will be more favourable towards them.

"Then, the race is on. Whoever issues proceedings first in their chosen country, will dictate which Court they go through. This is often called a ‘jurisdictional race’. Surprisingly, this can sometimes come down to a matter of minutes."

"This is exactly why we like to work with people who understand the industry and can identify potential issues and create solutions."

Jon Saltinstall, Senior HealthCare Banking Consultant, Lloyds Bank