Richard Kershaw advises on navigating cross-border divorce complexities in WealthBriefing
Richard’s article was published in WealthBriefing, 1 August 2025, and can be seen here.
Richard Kershaw, Partner in our Family & Relationships department, examines the significant financial consequences of choosing the wrong jurisdiction for divorce.
London’s reputation as the “divorce capital of the world” stems from its courts’ broad powers and generous approach to financial settlements, particularly in high-net-worth cases. English courts uniquely consider long periods of cohabitation as part of the marriage, significantly expanding the pool of matrimonial assets.
They also allow pension sharing orders, an option not available in all jurisdictions, which can be crucial when pensions are a major asset. In contrast, jurisdictions like California limit asset division to the legal duration of the marriage, and many countries do not permit pension sharing at all.
Richard also highlights the strategic importance of jurisdiction in determining spousal maintenance. In England and Wales, maintenance is based on assessed “needs” rather than a fixed formula, allowing for more flexible and potentially long-term awards. This contrasts with countries such as Scotland, Sweden, and Norway, where maintenance is typically time-limited and financial independence is prioritised.
The choice of jurisdiction can therefore have lasting financial implications, making early legal advice essential to avoid unintended disadvantages, particularly when one party has the opportunity to issue proceedings first.
Read the full article on the WealthBriefing website [external link].