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Posted on: 10 January 2022 by Goodwins Family Law Solicitors
There were many changes to British law following Brexit, but one that is surreptitiously affecting the divorce industry is the revocation of the EU regulation that, in some cases, prevented British expats from using domestic courts. Consequently, British courts are receiving more cases by expats than they were before Brexit, specifically for settling costly maintenance claims.
In this article, we explore this rise in more detail, including how the rules have changed and what it means for divorce in Britain.
Before Brexit, an English expat temporarily living abroad could, under the ‘sole domicile’ rule, see their attempts to use domestic courts blocked or limited. This typically happened if one party objected or the case fell outside particular exemptions.
However, these EU regulations no longer apply, meaning it’s now easier for expatriates who claim British domicile to bring their cases to British courts.
London is often dubbed the ‘divorce capital of the world’ due to the generosity of judges when splitting assets between couples. Expats who are living in Dubai can reap the benefits of British courts instead of having to settle for inferior international rules. For example, spousal maintenance in Dubai is often limited to just three months after divorce.
Ultimately, whether or not a case is heard before British courts can have a significant impact on the size of the financial divorce settlement.
This change means that the UK is currently seeing more divorce cases overall. If you’re an expat looking to get divorced in the UK, it’s important to choose an expert lawyer with experience of helping expats to divorce.
Goodwins Family Law Solicitors is known across London for advising and representing clients who live abroad. If you believe you have a claim to domicile in the UK and wish to divorce here, our team will be able to help. We work with professionalism, honesty and care, guiding you through the process and helping you reach a favourable outcome.