Some Irish women seeking divorces from their wealthy husbands may be more inclined to go to England to file proceedings following a ruling by the court of appeal in London yesterday, according to a leading Irish family law solicitor. Fiona Gartlandreports.
The court of appeal dismissed an appeal by multimillionaire businessman John Charman (54) against a £48 million (€70.5 million) high court divorce settlement to his ex-wife, Beverley. The settlement was the biggest divorce payment in British history. The couple were married for 28 years.
Legal representatives for Mr Charman had argued that the high court ruling should not have taken into account a family trust fund in the settlement and should not have used a 50/50 split as the starting point to assess who should receive what. They said it should have decided how much Mrs Charman should get on the basis of her needs.
However, the appeal court backed the high court decision.
Mr Charman's solicitors may still apply directly to the Law Lords for permission to challenge the appeal court's verdict.
Irish family law solicitor Geoffrey Shannon said the ruling has consolidated the reputation of England and Wales as protectors of the homemaker.
"If you are a wealthy spouse in Ireland wishing to divorce, this ruling consolidates the attraction of filing for divorce in England.
"In Ireland, half of the assets have never been awarded to the homemaker. Irish courts are less generous to a dependent spouse."
Since 2001, when Ireland signed up for the Brussels II Convention, it has been possible to file for divorce in most EU member states under certain conditions, including if a pursuer or defender has been "habitually resident" in that state.
"There is a lot of uncertainty around what 'habitually resident' means," Mr Shannon said. "It is a matter for the EU Court of Justice to define; courts here have side-stepped defining it so far."
He said yesterday's ruling coupled with the Brussels II Convention would lead to spouses choosing the best country in which to file for divorce in their circumstances. "Solicitors may be advising clients if it is best to issue proceedings in another jurisdiction, where they may get a more favourable deal."
He also said that in making settlements, Irish courts often looked at jurisprudence in England and Wales, and yesterday's ruling would have "persuasive authority" in Ireland.