England tops the league for divorce awards
English jurisdiction for divorce and financial claims can be worth fighting for as the difference in the level of financial award, depending upon where the claim is dealt with, can be vast. Disputes about which country should deal with a divorce and financial claims (known as forum disputes) are high stake, with international couples navigating through complex international, EU and domestic laws.
The facts of Mittal v Mittal  EWCA Civ 1256 illustrate the allure of the English court to financially weaker parties even where they have only the slightest of links here and the lengths to which they will go, to try to hold on to this most generous jurisdiction.
The case concerned a forum dispute between England and India. Both parties were Indian nationals and they had married in India. They moved to England in 2006 and separated in 2009. Neither of them had any assets or income in the UK. Following separation, the husband started divorce proceedings in India in 2009 and the wife issued her petition in England in 2011 despite the existence of the husband’s petition and the fact that she had returned to live in India in 2010…
Click on the link below to read the rest of the Withers briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Withers
News from The Lawyer
Briefings from Withers
22 April 2014 marked ‘the largest reform of the family justice system any of us have seen or will see in our professional lifetimes’, according to the president of the Family Division.
Withers’ Graham Elliott discusses the points he found most interesting from this year’s Charity Tax Group annual meeting.
Analysis from The Lawyer
A merged Withers and Speechly Bircham would have scaled The Lawyer’s UK 200 with a turnover of about £170m, and created one of the world’s largest specialist private client teams. So what went wrong?