The case of Villiers v Villiers: The long-awaited Supreme Court docket judgment in Villiers v Villiers  UKSC 30 was handed down this week.
This case addresses the circumstance through which divorce proceedings have been commenced inside one jurisdiction by one social gathering however the place it’s potential for the opposite social gathering to make a declare for upkeep in one other.
The Villiers case concerned a pair who final resided as a married couple in Scotland however the place the spouse had subsequently moved again to England which was her nation of origin.
Although the husband had filed his divorce utility and a monetary utility in Scotland, there had been a delay in serving the spouse who had then filed her declare for upkeep in England.
England has a notoriously beneficiant upkeep regime the place excessive quantum; long-term upkeep is accessible. By stark distinction, in Scotland, the time period is proscribed to a handful of years at finest.
The husband challenged the English court docket’s proper to find out the problems of upkeep however was unsuccessful within the Supreme Court docket.
EU Upkeep Laws
The “loophole” that the spouse efficiently discovered is linked to the EU Maintenance Regulations as embodied in home regulation as a part of the jurisdictional interaction with Scotland. The identical state of affairs would apply to Northern Eire as effectively.
On a broader scale, pending the total dedication of the Brexit preparations, it will additionally apply in cross-border disputes with EU international locations as effectively.
This makes it potential for monetary claims restricted to upkeep to be introduced in England /Wales regardless that the divorce and different monetary points are being addressed in one other jurisdiction.
Though the monetary claims in England are restricted to upkeep solely, it being appropriately conceded that the opposite monetary points have been to be handled alongside the divorce in Scotland, upkeep underneath the EU Upkeep Laws is open to a large interpretation.
Publish-Brexit, we have now but to see what the final word way forward for the EU Upkeep Laws shall be to see if this judgement could have a extra common utility or whether or not this considerably complicated set of rules will fall away following 31 December 2020.
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You probably have any questions on the problems raised within the case of Villiers v Villiers concerning cross-jurisdictional / worldwide household points please contact Julian or one other member of the team and they are going to be joyful to assist.