It was more than a year ago when I first blogged about Agbaje v Agbaje. (See: London is the “divorce capital of the world”? Think again!) This drawn-out case involves a couple who married in 1967, gained British citizenship, separated in 1999 and divorced in Nigeria.

Had the case been heard in England, Mrs Agbaje would have received at least half of the couple’s assets. As it was a Nigerian court left her virtually penniless, with her former husband retaining assets worth £616,000. The case has been in and out of our courts for years now, with Mrs Agbaje seeking a fairer settlement here in England.

Today the Supreme Court ruled in her favour – and I was delighted. So when journalists contacted me for comment, I didn’t exactly mince my words (below).

I don’t necessarily share the same opinions about matrimonial jurisprudence as Frank Arndt, Head of our International Law department, who was quoted in The Lawyer. We hail from differing backgrounds: mine is rooted in the common law with discretion as its key, whereas German family law is strict and codified. And the difference in our approach actually works well in the office, where we can advise clients from differing perspectives.

Incidentally, I have never been keen on the description of London as the “world’s divorce capital”. Even though Stowe Family Law is opening a new London office, I feel obliged to point out that good settlements aren’t curtailed by the M25!

Nigeria divorce judgment attracts attention

By Jane Croft

Law Courts Correspondent

The Supreme Court reinforced London’s reputation as “divorce capital of the world” after it found in favour of a Nigerian woman who took her case to the UK courts after disputing the divorce settlement she was awarded by a Nigerian court .

Family lawyers said the keenly watched judgment could open the floodgates for wealthy spouses in “big money” divorce cases who are unhappy with divorce awards made by overseas courts to seek a bigger payout in the UK.

London has been dubbed ”divorce capital of the world” because recent changes in the law meant wives are now favoured in big money break-ups.

The Supreme Court ruled that Sikirat Agbaje had not received an adequate financial settlement from her barrister husband when the couple divorced in Lagos in 2003 after 38 years of marriage. Continue reading»

Last summer I visited Porto Ercole in Tuscany, Italy. There, I reflected on some recent family law cases – and the lack of change in human nature since the time of Caravaggio, who died on the rocky beach I was visiting and is buried nearby.

Caravaggio was a master of human nature, which he summarised ably in his paintings. No-one knew more than he of the flaws in the human character, which can lead to profound suffering. He inflicted suffering, and suffered for it. He lied, cheated, gambled and murdered. He was wracked with guilt thereafter, yet left a peerless legacy to the art world: some of the most descriptive, moving and greatest paintings ever produced. Caravaggio knew the nature of torment.

It is 400 years since he died and until 10 January this year, the Borghese Gallery in Rome exhibited some of Caravaggio’s artwork together with that of 20^th Century artist Francis Bacon. Another artist who has been called “a tormented painter”, Bacon has also been  described as “one of the most anguished artists of the 20^th Century”. He had a fascination with the Crucifixion and an open mouth, a Scream. These two artists were featured together: they may have lived four hundred years apart but according to Anna Coliva, the director of the Borghese Gallery, they are “linked by a deep suffering for the human condition and an internal sense of devastation”. It was quite an exhibition. Immensely moving and thought-provoking, it was a stunning success.

Shortly after the Rome exhibition ended, a case called K v L resurfaced in the English courts. It is the same case that troubled me when I was in Porto Ercole, and about which I wrote at the time. It concerns a convicted paedophile who attempted to claw a share of his former wife’s fortune. Unable to bring herself to face him in court, she had resorted to giving evidence through a video link-up.

The husband subsequently attempted to appeal an order in the ancillary relief proceedings, and his application was heard in the Court of Appeal a few weeks ago. This case continues to trouble me. Why must the wife be the tormented one of the pair? Shouldn’t it be the other way around? Continue reading »

The Stowe Family Law offices in Yorkshire and Cheshire are particularly busy at this time of year. I am also spending time in London, seeing clients there and readying our new office in High Holborn. I am making the most of the spare time that I have, immersing myself in things that make me laugh and feel good.

So right now I am very particular about what I listen to. I like music that is easy on the ear – but sufficiently “boom boom” to get me moving – and a radio presenter with a good sense of humour. Music and fun set me up for the busy day ahead.

Right now one presenter worth listening to, in my opinion, is Peter Levy. He is based at BBC Radio Humberside, in Hull of all places. I admit I’m biased because that city is fielding two teams against my currently battered team, the Leeds Rhinos. Rugby league has long been my favourite spectator sport; Hull FC with its new addition Sean Long – he of the sexy long blonde dreadlocks, formerly of our greatest rival, St Helens - may prove to be a major problem for us this season.

So I do sympathise that Peter Levy has chosen to base himself in Hull, poor man. I reckon that for him, it is time for a change…

Let me explain.

I first came across Peter when he was presenting the local news on TV. Chirpy, chippy, unflappable and “nicely” rude, I liked his sense of humour. I still do – until it is deployed against me, that is. Continue reading »

Sometimes, clients who come to see me are in a state of shock. Not everyone appreciates how serious this condition can be. There are different medical types of shock, but psychological shock is a traumatic reaction following a dramatic, unexpected incident such as a family crisis. In my field it can often occur when the client unexpectedly learns of an affair and/or the other spouse’s decision to end the marriage.

It is important never to underestimate the impact of shock on a client. Shock affects a client’s state of mind and can take weeks, months or even longer to overcome. Some of those who find it difficult to return to normal can even develop the more serious (but treatable) condition known as post-traumatic stress disorder (PTSD).

When I see clients who appear to be suffering from shock, I politely and gently suggest that they return to see me when they are able to give me the information that I need to advise them appropriately – and also when they are able to make an informed decision about their future. It is clear even to me, a lay person, when a client is in deep shock and unable to take in a single word that I am saying. If a client persists, then of course I will give my advice – and I will follow it up in writing, as I do with all clients. At least the client will have something to read when they feel better able to take it in.

How does psychological shock manifest itself?

The symptoms vary but at first there may be numbness, a feeling of being dazed and an inability to absorb the information which has led to the shock. The mind will keep replaying the information, totally denying it, refusing to believe it can be true. Nothing else that is happening will matter: the surrounding circumstances, the people, what is playing on the radio… They will all blur into the background.

I had never experienced “shock” at first-hand until very recently. Put simply, it was awful. Continue reading »

Stowe Family Law’s International Family Law department is as busy as ever, and we have also seen a steady rise in the number of enquiries about prenuptial agreements. This, I believe, has been prompted – at least in part – by last year’s ruling in the Radmacher v Granatino case, which involved an agreement made between a German heiress and her banker husband.

David Charter, Europe Correspondent at The Times, contacted me to ask for thoughts on another landmark ruling in a German case. The story appears in today’s newspaper.

German ordered to repay house deposit to his in-laws after divorce

It is not just the grasping ex that Germans must contend with during a divorce. Now it is the in-laws as well.

Judges in Berlin yesterday ordered a man who kept the family home to pay back a gift of €29,000 (£25,000) from his in-laws that had helped the couple buy the house.

The ruling by the Federal Court of Justice has been interpreted as a landmark judgment which could allow in-laws to reclaim presents given to their child’s spouse if the marriage breaks down.

Judges said that the “contractual basis” of such presents depended on the in-laws’ child being able to enjoy the fruits of the gift. That basis no longer applied after a divorce.

“If the child benefits from the gift for a long period of time (for example if the couple lives together in a house donated by the in-laws), then only a part of the gift must be paid back,” the judges said in their ruling.  Continue reading»

On Friday I enjoyed the company of family lawyers from around Europe. We had gathered in Paris for the opening of the law firm Cabinet CBBC (formerly the Cabinet Veronique Chauveau). With so many of us gathered in one place, the talk turned to family law – and how we are separated by our respective countries’ laws, customs and conventions.

Within the European Union, transnational family law does not operate as smoothly as one might reasonably expect, despite the determination to create a genuine area of freedom, security and justice whereby decisions taken in one member state are recognised and enforced throughout the EU.  Member states operate different divorce laws for its citizens, which may vary dramatically in other member countries. When litigants in member states look – understandably – for the smoothest way out of their domestic tangles, they can come a cropper.

It was a stylish and memorable evening (pictured above: with CBBC partner Alexandre Boiche and others). When I arrived at CBBC there were more than 100 people drinking champagne and attacking the buffet. The firm is located in the heart of Paris on Boulevard de Sébastapol, across three floors in a beautiful building just across from the courts on the Île de la Cité, next to Notre Dame Cathedral. I plunged straight in with my terrible French, which fortunately didn’t last too long, because most people took pity on me and spoke English!

I chatted to German lawyers from Stuttgart and Saarbrucken. I had a conversation with a French professor of law about French divorce law; there were diplomats present with an interest in child abduction cases.

Talking, it became clear that we continue to be divided and exercised by the laws that appear, vanish or change whenever a border is crossed. For example, Paris isn’t London. We don’t have a Civil Code; we have statute law and conventions of judge-made law.  La Manche divides us geographically (even if there is a tunnel underneath) but there is an economic, cultural and social divide that is reflected in our different law, practice and procedure. Continue reading »

Prenuptial and postnuptial agreements have been in and out of the news over the past year. Here at Stowe Family Law, the number of new enquiries about prenups and postnups has risen sharply. The same questions come up often: is such an agreement advisable, and what can be done to ensure that it is effective?

This was the subject of my talk on Thursday evening, when Stowe Family Law and Lane-Smith & Shindler, a firm of specialist trusts and estates practitioners based in central Manchester, held a joint seminar (above) at the Marriott Hotel in Hale Barns. The audience comprised of retail and private banks, accountants, investment managers and IFAs.

Speakers from both firms discussed the impact of relationship breakdown on family wealth, and advised on steps to protect family wealth. Marilyn Stowe spoke about the changes in ancillary relief law over the last 10 years, which have led to far larger payouts to spouses in big money cases. Geoffrey Shindler of Lane-Smith & Shindler explored the impact of this change in the law on family trusts, and described how trusts could be vulnerable to different forms of attack from spouses. Paul Davies of Lane-Smith & Shindler explained how different drafting techniques can be used to provide added protection to trusts.

I chose to speak about the rise of prenuptial and postnuptial agreements to their current status, and described the mechanics by which the agreements are constructed. At the time of writing, such agreements are extremely influential on decisions made by our family courts in England and Wales.

Because of the level of interest in this talk, and the question and answers that followed, we are reprinting the accompanying handout here. If you are considering a prenuptial or postnuptial agreement, we hope that this information is useful. This is an area in which Stowe Family Law specialises, so you can always leave a comment or contact us directly with any additional queries. Continue reading »

It is frequently the case that the tearful woman who comes to see me for her first appointment has lost her strength and self-confidence. As her case progresses, however, the client undergoes a transformation. She begins to reassert herself and resumes control of her future.

Years later, I can bump into the same client and barely recognise the energetic, self-assured woman who stands before me. We women are far stronger than we know. Some of us only realise this strength after years of conditioning and low self-esteem. Others are strong inside and out – and they have always known it.

I was musing upon this recently, after I ended up sitting next to two fashionably dressed men at the recent Selfridges sale in London. (Sat next to? During a sale? Yes. The only way to shop the Selfridges sale is to fight your way through the massive front doors, check out the crowds, immediately admit defeat, head straight for the champagne bar, order a glass of pink champagne and unwind while watching the throng do battle. I also recommend finding some stylish company with whom to share the moment!)

All three of us watched, open-mouthed in admiration, as the woman on the television screen above our heads made her recorded appearance at Selfridges. The singer Grace Jones emerged from a Range Rover, dressed in gold, and stood on the bonnet of the car waving to the crowds. She looked amazing.

Known for her striking appearance, strong voice, extraordinary hairstyle, modelling, film appearances and larger than life temperament, Grace Jones has dared to appear on stage with live lions and tigers. She currently appears in concert wearing only a series of fantastic jackets, hats and a thong. Once, during a well reported altercation – and there have been many – she is alleged to have described herself as “Queen Bitch Jungle Mother of New York”. She certainly makes life interesting for us! Continue reading »

I have already written about the Court of Appeal’s recent decision in the Marco Pierre White case. Divorce, Full Disclosure and Marco Pierre White looked at the Hildebrand Rules and at what can happen when clients take matters into their own hands. Hildebrand Documents and Marco Pierre White examined the judgment in detail. Frances Gibb, Legal Editor of The Times, contacted me about this significant ruling to ask about its implications for family law practitioners. The story appears on page three of today’s newspaper:

Marco Pierre White challenge could change divorce battles for ever

Take one celebrity chef, separate him from his wife, sprinkle with allegations of intercepted letters, simmer and serve with a landmark ruling.

Marco Pierre White, the former Michelin-starred chef and television presenter, is pursuing his estranged wife’s lawyers in a test case that could change for ever the way that divorce battles are fought. Family lawyers warn that the chef’s lawsuit could end the practice by spouses of turning detective to unearth evidence.

White recently won a landmark ruling that enables him to proceed against Withers, the City law firm that was acting for his estranged wife, Mati, over the interception and seizure of his personal papers. The action is expected to come to trial this year and has already prompted enquiries from clients who think that they may be able to lodge similar claims.

Lawyers say that any spouse who wants to do her own detective work because she suspects that her husband is lying about his finances will lose a crucial weapon if White wins the case. They are calling for urgent guidelines so that they and their clients know where they stand. Continue reading»

Divorce is not an event that can be recovered from in minutes, weeks or months. I was thinking about this as I travelled 200 miles back to the north of England after my appearance on GMTV earlier this week.

The near blizzard conditions made it a lengthy and eventful journey. Fortunately my trusty driver, Garry Houseman of CSC Executive (who I can’t recommend highly enough), got me home safely. We listened to the car radio and heard the horror stories of hundreds of people stuck in their cars overnight or even abandoning them. One woman had decided to move house and spent the night in the car with her belongings and her pets, rather than delay the removal by just one day.

A travel expert came on the radio, lamenting the society that we have become. We expect to be able to travel where, when and how we want, whenever we want. If the snow stops us, we simply can’t cope. We undertake crazy journeys in order to live our lives exactly as we are used to doing.

That, by the way, includes me! I didn’t think twice about the journey back home because I wanted to get back to work.

It made me think about the e-mails that had been sent to GMTV for me to read. Viewers of the programme were invited to write in with their problems on the theme of Life After Divorce, so that we could advise some of them live on air.

Some of the correspondents were bogged down and had written to GMTV as a last resort, out of desperation. Loneliness and hopelessness were common themes. One lady wrote that because she is very lonely, she now wonders if she made the right decision when she divorced. Another wrote bitterly of the havoc that her former husband and his new wife have wrought upon the children’s lives. She is determined to make sure they never see the children; the courts, however, do not agree with her. Other correspondents were stuck in the past, unable to come to terms with fresh starts and new beginnings.

Unfortunately, when I read the e-mails I realised immediately that a number of the issues raised could not very well be addressed in a five minute sofa slot.

So I will try now. Continue reading »