law with marc white
This article aims to clarify the legal is understood it will be impossible to assets as without his talent there would not
position of two Brits, married in the negotiate properly. be such wealth. the judge awarded her 37%
UK, who wish to be divorced in Spain. recent years have seen a number of well which amounted to £48m. Just short of half of
Where a marriage can be saved this documented family law cases in england hit the total assets were held in off-shore trusts
is generally the preferred option but the headlines for differing reasons. You may in Bermuda and as he was the beneficiary of
sadly this is not always possible. have heard of the case of mr. & ms charman these trusts they were seen as matrimonial
where we are talking about a British where the wife was awarded £48m of total assets and were therefore taken into account.
couple, married in the United Kingdom and assets of just over £131m. this is a good the mccartney / mills was widely reported
now divorcing through the courts in Spain, it example demonstrating that the division of for different reasons, but the division of assets
is highly likely the law which will govern the assets is not necessarily a 50/50 split, and was not 50/50 either.
divorce will be the law of england & wales, that assets held solely in a husband’s name the most important point to take from the
or Scotland between Scottish nationals. if are capable of being treated as assets of above is that assets held in one person’s name
however the parties are prepared to reach an the marriage. in the case of charman the will ordinarily be considered to be matrimonial
agreement and avoid the need for contested parties had been married 27 years when assets under english law. where that asset is a
court hearings, then the law to be applied they separated. when they married they house in the UK for example, it is important to
will be Spanish law. the majority of divorce had no assets and all their wealth of £131m act quickly and register a legal charge against
matters between non-Spanish nationals are was generated during their marriage. they that property in order to ensure that it is not
settled on an agreed basis as the process of had two sons. During the divorce, the wife sold or gifted by the sole owner to a third party.
demonstrating the parties’ national law, in this accepted that the husband had an exceptional where the asset is a UK pension fund then a
case english law, is far from straightforward. talent and for this reason rather than seeking pension sharing Order will be needed through
in order to negotiate sensibly however one fifty percent of the assets she sought 45% the courts in england and for these reasons
needs to know what the default position would to reflect this. the husband sought a wider the parties will require advice upon both english
be. Unless the position under english law disparity with him having the majority of the and Spanish law in a divorce scenario.
divorce
i trust the above is clear although please feel free to give carlos Baos,
abogado, or myself a call at any time on +34 966-426-185 if you wish to
discuss the above or any other issue.
Marc White LL.B. (English Solicitor) C/Diana 19, 2º-D,
03700 Dénia (located at the Glorieta Square end of Marques
de Campo, parking at ‘La Via’ underground car park)
© white & Baos 2009 – all rights reserved
viva magazine 41
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