- Supreme Court opens the door to yet more divorce tourism
Supreme Court opens the door to yet more divorce tourism
Supreme Court opens the door to yet more divorce tourism3rd July 2020 - Published by
England has long been regarded as the divorce capital of the world, due to the often far more generous divorce awards made by the courts here than in other countries. This frequently leads to one half of a couple using quite tenuous links to this country to justify making claims here rather than in their own country. A decision by the Supreme Court this week has been said by many commentators to have given the green light to so-called divorce tourists.
The court rejected an appeal by Charles Villiers against a decision that he should make maintenance payments based on an earlier decision of the English court, notwithstanding he and his estranged wife had lived most of their married life, up to the date of their separation, in Scotland, where the courts are less generous in making maintenance awards and which are usually limited to three years. By contrast, the courts in England can award maintenance payments for life.
The court itself was split in its decision, with two of the three Judges agreeing with the wife, and opinion has been divided along broadly similar lines.
This case has added interest as it highlights the difference in jurisdictions, even within the United Kingdom – England and Wales being one jurisdiction, Scotland another, and Northern Ireland having its own separate jurisdiction.