International London-headquartered private client lawyer Charles Russell Speechlys has warned that the UK Labour Government’s proposed tax reforms may affect asset division in divorces, jurisdiction disputes, and enforcement of orders for high net worth individuals.
Miranda Fisher, partner in the family law team at Charles Russell Speechlys said: “Whilst Italy, Switzerland and Dubai are reportedly among the destinations of choice for those considering a move from the UK, the family law consequences for relocating can be complex, particularly around divorce and child arrangements.
“If one spouse is considering divorce, the timing of their move could affect where the divorce proceedings can be initiated. Moving abroad could potentially limit the ability to file for divorce in England, which might be strategically important if England is seen as a more favourable jurisdiction.
She further said: “The English courts are known for their discretionary powers in dividing marital assets and for a starting point of equality of division of all assets accumulated during a marriage. Once jurisdiction for divorce in England is lost, the financial settlement on divorce could be subject to the laws of another jurisdiction, which might be significantly less generous to the weaker financial party.
“Moving from England can raise important issues of living arrangements for children, including choice of school and potential international child abduction. In some cases, where one parent wants to relocate the children abroad and the other parent refuses to agree, we could see applications made to the Family Court for permission to remove the children permanently from England to another country, subject to the children’s best interests.”
