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22 November 2018 / Ellie Hampson-Jones , Caroline East
Issue: 7818 / Categories: Features , Divorce , Family , Property
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What’s mine is mine! Until we move to England…

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

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

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The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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