Mr Charman has just lost his Court of Appeal Application to reduce his wife’s 38% share in the assets amassed during their marriage.
Not really surprising, surely, after a relationship which started when they were teenagers at school 37 years ago?
And yet the size of the 38% sends everyone reeling - £48 million!
Mr C believes he should get a much greater slice of the action because of his “extraordinary contribution”, and rails against what he sees as a lottery in big money divorce cases in the English courts. Mark Harper of Withers, his solicitor, has asked for a more predictable system so that London stops being the divorce capital of the world for wives seeking large settlements.
But I wonder if that would really be of benefit to his client?
Let’s take the Californian system of community of property – the general rule is each party gets half of the assets worked up during the course of the marriage.
On the one hand – this would put paid to gold-diggers seeking a quick settlement from a rich man after a short marriage.
But on the other hand – Mr Charman would have to get out his chequebook for the rest of his wife’s 50% settlement.
Perhaps he wouldn’t like clear cut rules after all...
Showing posts with label english law. Show all posts
Showing posts with label english law. Show all posts
Friday, 1 June 2007
Thursday, 26 April 2007
SPAIN AND PENSION SHARING
In a recent case the Court has accepted that a wife should be able to have her financial claims dealt with in England, although the divorce had originally taken place in Spain.
The wife particularly wanted this because of the difference between the law on pensions in the UK and Spain here, after a long marriage, an equal division of pensions is the norm on a pension sharing basis. Such an arrangement is not possible in Spain.
The Court allowed the wife’s application, but got it wrong entirely on the application of English law in the Spanish Courts. The Judge dealing with the case believed that the Spanish Courts would apply English law and therefore automatically the wife would receive a pension share.
On the basis of recent discussions with an English barrister colleague practicing in the Malaga area of Spain, I can confirm that this is completely untrue. In the first place although the Spanish Courts have to take law into account, many Spanish Judges simply refuse to make an order in respect of pensions.
In the second place, where they do make a pension sharing order, it can be almost impossible to enforce because it does not technically comply with the requirements of UK pension sharing legalisation.
This is an extremely important issue for couples who retire to Spain, where their only assets may well be the property in which they reside and the pension on which both of them live. If upon separation only the capital is divided and the pension remains in the hands of the husband, this can be a complete disaster for the wife.
It is worrying that the English Courts believe the propaganda of the Spanish legal system that they apply our law absolutely. It is difficult to see how they would do that, but in truth as ever it is down to the discretion of the Spanish Judge. As they are not used to any interference with pensions they are unwilling to make pension sharing orders even when an English Judge would probably do so.
The moral of the story is if you want a pension share – apply in England!
The wife particularly wanted this because of the difference between the law on pensions in the UK and Spain here, after a long marriage, an equal division of pensions is the norm on a pension sharing basis. Such an arrangement is not possible in Spain.
The Court allowed the wife’s application, but got it wrong entirely on the application of English law in the Spanish Courts. The Judge dealing with the case believed that the Spanish Courts would apply English law and therefore automatically the wife would receive a pension share.
On the basis of recent discussions with an English barrister colleague practicing in the Malaga area of Spain, I can confirm that this is completely untrue. In the first place although the Spanish Courts have to take law into account, many Spanish Judges simply refuse to make an order in respect of pensions.
In the second place, where they do make a pension sharing order, it can be almost impossible to enforce because it does not technically comply with the requirements of UK pension sharing legalisation.
This is an extremely important issue for couples who retire to Spain, where their only assets may well be the property in which they reside and the pension on which both of them live. If upon separation only the capital is divided and the pension remains in the hands of the husband, this can be a complete disaster for the wife.
It is worrying that the English Courts believe the propaganda of the Spanish legal system that they apply our law absolutely. It is difficult to see how they would do that, but in truth as ever it is down to the discretion of the Spanish Judge. As they are not used to any interference with pensions they are unwilling to make pension sharing orders even when an English Judge would probably do so.
The moral of the story is if you want a pension share – apply in England!
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