Britain’s biggest divorce settlement: what does it mean for everyday divorce?

The case also attracted interest due to the dramatic facts of the matter.  Amongst other things, the court found that His Highness had orchestrated the abduction of his two elder children, he had used his press connections to generate hostile stories toward his wife, and had also used software to hack into telephones used by Her Highness and her legal teams.  The award that was made also included a significant element for Her Highness to ensure security for herself and her children.

Getting the case heard

Her Highness had been divorced in Dubai.  English law allows a party to claim financial relief from the English court following a foreign divorce.  In legal term this is a claim under Part III of the Matrimonial and Family Proceedings Act 1984 for financial provision following an overseas divorce (“Part III”). This is not a “free for all” allowing a party divorced abroad to have a second bite of the cherry in England, as some specific criteria must be met;

1. The parties must have been validly married;
2. The parties must be validly divorced, and the divorce must be recognised in England;
3. Either of the parties must live in England or Wales;
4. Either of the parties must have an interest in a property in England or Wales that was, at some point, a matrimonial home.

The court must give permission for a claim to be made, and Her Highness succeeded in this element, despite opposition from His Highness.

Once permission has been granted, the court must decide what to award. In essence the court can decide the matter like any other divorce claim under English law. The court will give first consideration to the needs of any minor children, and then consider the resources of the parties, the needs of the parties, the length of the marriage, any health needs, any significant contributions, any exceptional behaviour and loss of benefits arising from the end of the marriage.

There are some specific considerations the court must also make: the connection the parties have with England and Wales; the country where the divorce was made and any other country; any benefit received under the foreign divorce or any application that could be made there; and the length of time since the foreign order was made.

Also, an award should not exceed that amount of an award that would have been made if the divorce itself had taken place in England.

Provision for a child

Claims under this provision allow a parent, step-parent, guardian or person named in a child arrangements order as a person with whom the child is to live to apply to court for financial provision on behalf a child. In law this is known as a claim under Schedule 1 of the Children Act 1989 (“Schedule 1”). The parents need not be married to each other to seek this provision.

Orders can be made for child maintenance, outside the scope of the Child Maintenance Service (CMS) scheme.  Such claims are usually for costs associated with a child’s disability, or “top up” maintenance, where the payer has an income above that which the CMS can assess.  Orders can also be made for lump sums, to assist with expenditure associated with a child, such as transport, private schooling or to help provide housing.

Orders to provide housing will usually provide for the property (or its sale proceeds) to go back to the payer when the child reaches 18 or completes full time education.

The award

In summary, and after hearing considerable evidence, and the court making careful findings, Her Highness was awarded money to cover:

1. A lump sum to cover security needs for herself and their children;
2. A lump sum to cover the chattels she lost, and the cost of the court proceedings;
3. Secured payments to cover the maintenance of the children;
4. An education fund, administered by accountants.

This was carefully considered by the court and an award made to meet the needs of Her Highness and the children.

3 things to consider for other divorce cases

What does this say of general application to separating couples not born or married into royalty or fabulous wealth?

1. The case is a good illustration of the importance of needs. On divorce, needs override all considerations, such as where the money in a case may have come from.
2. A divorce abroad is not necessarily the end of a financial claim in England and Wales.
3. Even where parents are not married, courts can order financial provision for the children of that relationship over and above a parties legal obligation to pay Child Maintenance.

Friendly advice and support

If you are separated, whether married or unmarried or with or without children, and wish to discuss any aspect of sharing the finances or your relationship, please do not hesitate to contact Jonathan Miller, Solicitor, Family Private Department or any member of the Family team at Alsters Kelley on 01926 356057 or email jonathan.miller@alsterskelley.com