find the latest legal job
Corporate Counsel and Company Secretary
Category: Generalists - In House | Location: Newcastle, Maitland & Hunter NSW
· Highly-respected, innovative and entrepreneurial Not-for-Profit · Competency based Board
View details
Chief Counsel and Company Secretary
Category: Generalists - In House | Location: Newcastle, Maitland & Hunter NSW
· Dynamic, high growth organisation · ASX listed market leader
View details
In-house Projects Lawyer | Renewables / Solar | 2-5 Years PQE
Category: Generalists - In House | Location: All Australia
· Help design the future · NASDAQ Listed
View details
Insurance Lawyer (3-5 PAE)
Category: Insurance and Superannuation Law | Location: Brisbane CBD & Inner Suburbs Brisbane QLD
· Dynamic organisation ·
View details
Real Estate & Projects Lawyer (6+ years PAE)
Category: Property Law | Location: Sydney CBD, Inner West & Eastern Suburbs Sydney NSW
· Top tier firm with offices nationally · High profile clients
View details
Divorce decision clouded by weather dislike

Divorce decision clouded by weather dislike

A property tycoon has managed to secure immunity from the UK divorce courts due to his hatred of the grey British weather.

The UK Telegraph reported that Maria Saward had launched a case through the English legal system for a share of her husband Paul’s property portfolio. 

But Paul managed to convince a judge that his dislike of the weather in England meant he no longer thought of himself as a UK resident.

Folklaw also hails from the northern hemisphere, but I’m pretty sure our dislike of the weather in that part of the world doesn’t mean we’re no longer from there...

Paul (66) and Maria (63) met in Majorca, married in Gibraltar in 2009, and lived near Alicante, on Spain’s Costa Blanca, until Maria left her husband in June 2011.

Maria turned to the English courts for a divorce, because of their international reputation for securing favourable settlements for the ex-wives of wealthy men, claiming that, though Paul was currently resident in Spain his ‘spritual home’ was in Hampshire in England, according to the Telegraph.

Hmmm, Folklaw likes to think its spiritual home is a mansion in Hawaii, but it doesn’t mean it is...

Maria managed to receive a decree nisi though the English courts in 2011, but this was overturned in the High Court in October last year, the Telegraph reported, with Judge Lesley Newton ruling that Paul’s permanent residence was in Spain and that the English courts had no jurisdiction over the couple’s divorce.

The judge said: “Although the husband may well have expressed a dislike of Spain in forceful terms on many occasions ... he had made no concrete plans to [return to the UK].”

The judge said that the key piece of evidence was a letter Paul wrote while staying on his yacht in Southampton in England, in which he stated: “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.”

Maria appealed the findings but in a ruling yesterday (4 July), the Appeal Court in the UK upheld the High Court’s decision.

We guess she’ll just have to weather this storm somehow...

Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

Divorce decision clouded by weather dislike
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Aug 21 2017
Is your firm on the right track for gig economy gains?
Promoted by Crowd & Co. The way we do business, where we work, how we engage with workers, ev...
Scales of Justice, Victorian County Court, retiring judges
Aug 21 2017
Replacements named for retired Vic judges
Two new judicial officers have been appointed in the Victorian County Court, following the retire...
Applauds
Aug 21 2017
LCA applauds proposed Modern Slavery Act
The Law Council of Australia has welcomed new recommendations for the development of a Modern Slaver...
APPOINTMENTS
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
opinion
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
Help
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...