Divorce overseas: ten steps to protect your children

May 30th, 2008, by marilynstowe No Comments »

Frank Arndt heads the International Law Department at Stowe Family Law

Our International Law Department receives a steady stream of enquiries from popular ex-pat destinations such as France, Spain, Switzerland and Australia. Some callers wish to know if they can issue divorce proceedings in England. As I have noted previously, many wives have good reason to file here if possible, because the financial settlements can be advantageous. Other clients seek qualified advice about the various legal avenues available to them, drawing upon our firm’s expertise in cross-border divorce, asset protection and our network of international legal contacts.

The department is headed by Frank Arndt, who speaks a number of languages fluently and has higher rights of audience in the Federal Court in Germany. He is a member of the International Society of Family Law and the International Bar Association.

Frank recently wrote an article for the online magazine Expatica, which is packed with useful information and has been well-received. In it, he details the “ten essential pieces of advice that should be followed by any ex-pat parent facing the challenge of family breakdown”.

I have copied the piece in full below. If any overseas readers have enquiries or comments, please use the comments section or the confidential contact form - I will forward all queries. Continue reading »

A New Year, a new beginning?

December 24th, 2007, by marilynstowe No Comments »

I am always bemused when newspapers claim that the start of the New Year is the busiest time of year for divorce lawyers. Sitting at my desk today, utterly exhausted, I would beg to disagree. In last week’s run up to the holidays, a client flew in from the Channel Isles to see me, I was in London then on to Exeter in Devon, I had a 300 mile car journey back to Leeds, then to Hale in Cheshire for an entire day and back to Leeds for a 6.30am start appearing on the radio. Of the other lawyers in the office, Chris McVay was in court in Newcastle, Julian Hawkhead in the High Court in London, Frank Arndt was in court in Leeds, Judith Routledge was in court in York, Stephen Hopwood in court in Harrogate. Everyone I see who is still left in the office, is breathlessly rushing around, and has hardly any time to count down the hours to a well-earned break.

So do I think New Year will bring an immediate divorce for couples whose relationship is going through a bad patch?

I don’t think so.

Continue reading »

A law unto herself…

December 4th, 2007, by marilynstowe 1 Comment »

I have been profiled in the latest issue of Yorkshire Today magazine.

You’ve earned the nickname ‘The Barracuda’ but can you explain how this came about and if you think it’s justified?

It was coined by a husband of a client and it made me laugh! I frequently handle cases involving assets of up to £100 million. Is it justified? You’ll have to ask my clients’ former spouses! Barracudas are fearless hunters of the deep, so in some ways I suppose it is rather apt.

The full interview is after the jump.

  

Continue reading »

Checkmate!

November 27th, 2007, by marilynstowe No Comments »

 

“The client walked away with millions - and I used the case as the basis for a storyline in The Archers.”

The hardest cases - the tricky, nerve-wracking ones that need a bit of brain power - are always the most interesting. I like to play “intellectual chess”! One such case was when a client’s husband told her, out of the blue, that he was leaving. He complained that he was fed up with her spending, and claimed she was “sending him bankrupt’”. He refused to give her his new address, but told her to contact him at his business. She suspected that he was having an affair with her (newly divorced) best friend.

This couple enjoyed a lavish lifestyle. At their swish, £3 million home, they employed a groom, a gardener, and domestic help. The wife kept ponies in a paddock and stables, and the home also had a swimming pool and tennis court. There were no children. The wife, a former model, now passed her time horse riding. The husband liked to play golf and was often seen in the company of her best friend, who was also a keen golfer.

In “Big Money” cases, as with others, assets are identified, valued and divided up. In this instance, because the couple had been as poor as church mice when they had wed and their wealth had been built up during the marriage, a straightforward 50/50 split looked to be in order. When the husband’s solicitors wrote to me, however, it became clear that he loathed his wife.

The husband gave a different version of events. He insisted that his wife’s incessant spending had brought him to the brink of bankruptcy. His company was failing. The house was fully mortgaged, save for about £300,000. There were no savings. Around £50,000 had been run up on credit cards. There were no pension arrangements, as income had been swallowed up by his wife’s profligate expenditure. He had a decreasing income of £100,000 gross per annum. He offered his wife yearly maintenance of £40,000 - although he said that he was unable to guarantee this sum in the long term - plus the sum of £200,000 towards a house. His solicitors warned that if she did not accept his “generous” offer, he would take her to court and make her pay the costs. The parties had very different stories. Which of them was telling the truth?

Continue reading »