London or The Hague: which is Divorce Capital of the World?
In earlier articles/web logs I have already introduced to you the topic of diversity in systems of divorce law and how much difference it can make which law is applied when a couple decides on divorce. In my practice I see a lot of expats, who suffer the consequences.
A commune international law on divorce
It is for this very reason that fourteen EU-states have decided to make some agreements about a shared law on divorce. For couples with different nationalities, it would become possible to have a choice in which law they would want to apply. Especially for expats this could mean a significant step forward. However, the Dutch government has until now refused to participate in this agreement, fearing that divorce in Holland, now relatively easy, will become more difficult as a result of European collaboration.
Also: this so called choice does not present a solution if the parties involved each choose a, for them personally more advantageous, different law. In that scenario it will still be up to the Courts to decide what law will apply, based on local rules of international private law. Besides that, the question always remains whether a particular judge can considered to be proficient enough in a foreign law system.
English versus Dutch divorce law: a world of difference
A very good example is the difference between English and Dutch law. In England, no distinction is made between income and marital assets. The Court uses the principle of fairness to decide on the financial consequences of a divorce only. This means less legal certainty than in the Netherlands. Even if a spouse has property in his or her name, the possibility exists that he will have to pay a significant sum of this to the other party, contrary to divorce law in Holland. The English Courts do not attach great value to prenuptial agreements, even if it contains a choice for another (than English) law. As a rule English law is applied almost always. This is another distinction from the Netherlands, as Dutch Courts in general respect the choices made in prenuptial agreements. Yet another example is the financial compensation a spouse might get for investments made in the marital home. In Holland yes, in England not always.
The Rich and Famous might get their divorce in London, divorce capital of the world, but the price they pay is often high and not only in lawyer fees! So I think you will agree with me that The Hague, as pinnacle of the international community comes in a good second.
