header-logo header-logo

22 November 2018 / Ellie Hampson-Jones , Caroline East
Issue: 7818 / Categories: Features , Divorce , Family , Property
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis will mark the 80th anniversary of Shawcross and Beaumont on Air Law with a live podcast exploring the evolution of aviation law from the Chicago Convention to the challenges facing modern aerospace, taking place on Tuesday 29 September
Harmony Christian Ministries is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
Foreign judgment creditors have gained a route to recovery after the Supreme Court’s ruling in Drelle v Servis-Terminal
Surrogacy is growing in popularity, but parents-to-be face a complex legal framework
Winning a judgment may be only the beginning of an expensive enforcement battle, writes Professor Dominic Regan in this week's NLJ
back-to-top-scroll