Duchess’s relative in Scotland warns of surge in ‘divorce tourism’
AN ARISTOCRAT related to the Duchess of Cornwall says “divorce tourism” cases will soar after his ex-wife was allowed to fight for a slice of his family fortune in England following their divorce in Scotland.
Charles Villiers, 55, is to appeal to the Supreme Court after losing a legal battle to stop his former spouse, Emma, claiming £10,000 monthly maintenance payments in the English courts. He said: “This is going to result in a surge of divorcees swiftly relocating south of the border in a bid to cash in.”
The couple lived for most of their marriage in Milton House, an 18th-century property in Scotland. They separated in 2012 after 17 years, at which point she moved to Notting Hill, London, with their daughter Clarissa, 22.
After his marriage broke down, Mr Villiers was declared bankrupt. Although he was discharged from bankruptcy a year later, the family manor was repossessed. But his wife’s lawyers claim he has a half share in a £3.5million trust fund plus another £600,000 fund from his mother. They argue that his total inherited wealth “may be much more” if a London flat in a familycontrolled company is included.
Mrs Villiers filed for divorce in England before Mr Villiers issued a writ in Scotland. Although Mr Villiers filed for divorce in Scotland in 2014, three months later Mrs Villiers applied to the English courts for financial mainte- nance in the first reported cross-border case under an EU Maintenance Regulation, which treats Scotland and England as separate states, allowing either party to claim maintenance in a country of their choosing provided they lived there. But no minimum period of residence was required and the practice became known as forum shopping.
Mr Villiers said: “This is ludicrous. Whereas my divorce can only happen in Scotland, my wife can make a standalone application for maintenance in England.” There, wealthy spouses can be ordered to pay maintenance for life, while crucially, in Scotland payments are limited to three years.
Mr Villiers blamed EU “meddling”, with Brussels allowed to dictate domestic divorce laws. Mrs Villiers, he said, had effectively been “rewarded for moving from Scotland to England”.
His barristers, Alex Laing and Michael Horton, of Coram Chambers, said although it was increasingly common for divorce to take place in one EU country and the finances sorted out in another, it was “very uncommon” for it to apply to different parts of the UK.
“This might well be said to encourage forum shopping,” they said.
In her ruling, Lady Justice King said Mrs Villiers was “perfectly entitled to choose” to apply for maintenance in England. Mr Villiers has family links with the Duchess of Cornwall through his mother, Elizabeth Keppel.
The Supreme Court is expected to announce its decision in November.