Estranged wife of expat property tycoon fails in bid to secure UK divorce

AlicanteThe estranged wife of a British property tycoon living in Spain has failed in her bid to have her financial settlement heard in the English courts.

Maria Saward met her 66 year-old husband Paul in Majorca, the Telegraph reports. They married in 2009 and lived in Alicante, but they separated just two years later following a row. Mr Saward is reported to have told his wife that he would not “pay her a penny”.

Mrs Saward returned to England to pursue a divorce settlement, which would be more favourable than under Spanish law, arguing that her husband remained a legal resident of the UK despite living in the Mediterranean country. She obtained a decree nisi divorce in November but this was overturned last year by Judge Lesley Newton.

Mrs Saward argued that her former husband maintained substantial personal ties to his home city of Southampton – the majority of his property portfolio is also located in the area. She also claimed he had made disparaging remarks about Spain.

But Judge Newton said the evidence suggested his “permanent and habitual fixed centre of interests” was Spain and so the English courts had no jurisdiction. She said:

“Although the husband may well have expressed a dislike of Spain in forceful terms on many occasions, and whilst he may have contemplated a return to the UK, he had made no concrete plans to do so.”

She cited a letter written by Paul Saward while living on his yacht in Southampton harbour in June 2011. This read:

“I have no plans of ever moving back here, I could not put up with the weather … only two days left and I will be home.”

Mrs Saward appealed the ruling but was equally unsuccessful. Sitting in the Court of Appeal earlier today Lady Justice Black declared:

“The most that might be said is that the judge viewed the facts in some way from the wrong end of the telescope, looking at residency rather than interests. However there is no prospect of convincing this court that the judge was wrong.”

Speaking outside the court, Mrs Saward, outside court, said: “I’m very upset. This marriage ruined my life completely. As far as I know the court’s decision means I’m now still married. I don’t know whether my husband has undertaken divorce proceedings in Spain or not.”

The couple’s divorce will now proceed in Spain, where she claims, all their assets were in her estranged husband’s name.

“In the region where we live in Spain, when a couple split up any property held in joint names is split equally whether they are married or not. But we had nothing in joint names, it was all in his name, even though we were husband and wife.At this moment I have no income; all my savings were invested in the new house we bought in Spain. Now I have nothing.”

Photo of Alicante by Juan J. Martínez via Wikipedia under a Creative Commons licence

 

 

 

Marilyn Stowe

The senior partner at Stowe Family Law, Marilyn Stowe is one of Britain’s best known divorce lawyers with clients throughout the country, in Europe, the Far East and the USA.

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1 comment

Lukey - July 6, 2013 at 2:15am

Roll up roll up, come to England where the courts will happily screw your ‘horrible’ spouse who makes all the money and redistribute tons of it to you – for a very reasonable cut of course :-)

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