Following last week's news that Malta is legalising divorce, I have to take a moment to sympathise; it can't have been easy in the years leading up to his radical change in legislation. I suppose it's no great shock that I - someone who handles proceedings every day - can't quite picture what it must be like. It must be like Rick Stein being confounded by a diner having never eaten Lemon Sole until that night in his restaurant.
What makes the plight of the Maltese even more difficult to comprehend is the other big divorce story which appeared in almost every British paper the Friday before. Whilst last week brought the news that a whole nation will be able to divorce by law from this October (despite the misgivings of PM Lawrence Gonzi), a Russian oligarch's 'quickie divorce' in the UK was making the headlines for ending in a record settlement of hundreds of millions of pounds.
The two situations fall in to two extremes when considering divorce internationally. The people of Malta would either have to a) ride out a bad marriage, b) apply for a Church annulment which could take up to nine years or c) divorce overseas. Meanwhile, despite claims from lawyers involved in Boris Berezovsky's divorce that proceedings were hard work, neither party - both from Russia - had to even attend court in London as part of the process. I can't claim to be an expert on Russian divorce law but it seems that the billionaire and his ex-wife, Galina Besharova, ended their 18 year marriage with a smooth touchdown, rather than teardown, thanks to UK courts.
I met with one friend for lunch on Friday and, whilst waiting for the Americano that would see me through the afternoon, she brought up both news stories. As much as she appreciated both were ground-breaking in their own right, the aspect she found most sensational was the idea of coming to the UK to divorce and not filing in your native country.
It happens, more than people might expect and, what's more, there are plenty of excellent reasons for bringing a divorce back to Blighty.
As well as handling proceedings for non-UK citizens, a large portion of our most recent international divorces involve ex-pats based in China, the US, Australia and Singapore. One of my clients lives in Portugal; she spoke with a Portuguese lawyer who estimated the timescale for the divorce would be approximately four years, compared to the 12 to 18 months you would expect in England for a standard divorce and sorting out the family finances.
The English and Welsh courts often provide a fairer outcome, the process tends to be quicker than other countries and is, frequently, more effective. This is why, in international family law, the national courts you choose are vital: the country where proceedings are issued first has jurisdiction, in a legislation known as Brussels II. Choosing where to get the process underway, or 'forum shopping,' often results in a race between a divorcing couple to issue proceedings first, in the country of their own choosing.
An English family, say, might be living in Sweden due to the husband's job. The husband, having met someone else, wants a divorce. In this scenario, we would advise the wife to issue a Divorce Petition in the UK as soon as possible; if the husband beats her to it and issues first in Sweden, then the Swedish Courts will have exclusive jurisdiction. As the Swedish Courts typically favour a clean break, the wife may lose any rights to spousal maintenance and receive a less favourable financial settlement.
Knowing the obstacle courses that exist in divorce courts overseas, the draw to file in the UK is more than evident to me, blatant even. Hopefully, the story of Malta - a country that is not only without the hurdles of divorce law but the entire track itself - really puts the UK protocol into perspective for others.