PROMOTION The complexities of divorce international More families than ever before have international connections, with stints in various countries for work and family reasons. Kai Whicker, a solicitor in the family team at Stephens Scown LLP in Exeter, explains the impact of a recent intemational divorce case couple separated and the husband then returned to Ireland from hen a couple have petitioned in April 2018. As she had simply returned to England on holiday and there was no pre- planned or parposeful relocation the petition could not be amended and there was no kgitimate basis for amaintenance order lived in different Australia so he could becloser to their child. countries, the court has to consider habitual residence' to decide which The couple later reconciled and the husband moved to England, taking out a 12 month lease on a country's lanws should be applied in their divorce case property. He then secured a CEO role for three yeas in St Laia so they once again re-located together. Arecent divorce case illustrates the importance of establishing habitual residence and how a brief IMPORTANCE OF STRATEGY Divorce cases with international elements are becoming increasingly common but can be particularly complex. Issuing divorce proceedings on the incorrect basis and failing to consider the appeopriate strategy from the outset can have a detrimental impact on the case, causing signifcant costs and failing stay in another country is unlikely to be sufficient. The case is also The marriage broke down again and when the wife was on holiday in England in April 2018, she petitioned for divorce and issued financial proceedings Her divoece petition was on the basis of residual jurisdiction (sole domicile). There are, however, a reminder that it is crucial to consider the desired outcome and prepare an appropriate strategy from the outset ENGLAND, IRELAND, AUSTRALIA AND ST LUCIA restrictions on the financial relief available if the application is made In this case the husband was bom in treland, the wifein England and both were citizens of their to achieve the desired outcome. on this basis. She was unable to Before taking any steps to start divorce proceedings, advice from a specialist family solicitor with technical knowledge and specific experience dealing with international matters should be sought so an appropriate strategy can be considered and implemented, parsue a claim for maintenance from her husband. She applied to amend her petition to be based on habitual residence instead, but she had returned to St Lucia by this time. The judge had to consider whether or not the wife was able to establish respective countries of birth as well as Australia. They met in Australia in 2014 and got married in 2015 The wife fellpregnant in early 2016 and whilst on holiday in England, decided she would like to stay throughout her pregnancy. The habitual residence at the time she Ka Whicker is a solictor in the tamily team at Stephens Scown The team has top ranking in both Legal 500 and Chambers UK 01392 210700. solicitors@stephens-scown.co.uk www.stephens-scown.co.uk PROMOTION The complexities of divorce international More families than ever before have international connections, with stints in various countries for work and family reasons. Kai Whicker, a solicitor in the family team at Stephens Scown LLP in Exeter, explains the impact of a recent intemational divorce case couple separated and the husband then returned to Ireland from hen a couple have petitioned in April 2018. As she had simply returned to England on holiday and there was no pre- planned or parposeful relocation the petition could not be amended and there was no kgitimate basis for amaintenance order lived in different Australia so he could becloser to their child. countries, the court has to consider habitual residence' to decide which The couple later reconciled and the husband moved to England, taking out a 12 month lease on a country's lanws should be applied in their divorce case property. He then secured a CEO role for three yeas in St Laia so they once again re-located together. Arecent divorce case illustrates the importance of establishing habitual residence and how a brief IMPORTANCE OF STRATEGY Divorce cases with international elements are becoming increasingly common but can be particularly complex. Issuing divorce proceedings on the incorrect basis and failing to consider the appeopriate strategy from the outset can have a detrimental impact on the case, causing signifcant costs and failing stay in another country is unlikely to be sufficient. The case is also The marriage broke down again and when the wife was on holiday in England in April 2018, she petitioned for divorce and issued financial proceedings Her divoece petition was on the basis of residual jurisdiction (sole domicile). There are, however, a reminder that it is crucial to consider the desired outcome and prepare an appropriate strategy from the outset ENGLAND, IRELAND, AUSTRALIA AND ST LUCIA restrictions on the financial relief available if the application is made In this case the husband was bom in treland, the wifein England and both were citizens of their to achieve the desired outcome. on this basis. She was unable to Before taking any steps to start divorce proceedings, advice from a specialist family solicitor with technical knowledge and specific experience dealing with international matters should be sought so an appropriate strategy can be considered and implemented, parsue a claim for maintenance from her husband. She applied to amend her petition to be based on habitual residence instead, but she had returned to St Lucia by this time. The judge had to consider whether or not the wife was able to establish respective countries of birth as well as Australia. They met in Australia in 2014 and got married in 2015 The wife fellpregnant in early 2016 and whilst on holiday in England, decided she would like to stay throughout her pregnancy. The habitual residence at the time she Ka Whicker is a solictor in the tamily team at Stephens Scown The team has top ranking in both Legal 500 and Chambers UK 01392 210700. solicitors@stephens-scown.co.uk www.stephens-scown.co.uk