A husband will appeal to the Supreme Court today (9 December) for his wife’s claims for financial maintenance after their divorce to be heard in Scotland instead of England.
The legal question in the case is whether the EU Maintenance Regulation should apply as between England and other parts of the UK (such as Scotland) as if they were separate European Member States.
There are also questions over whether, if a divorce has been issued in one part of the UK, the financial elements of the divorce are a ‘related action’ which means they should be dealt with in the same country as the divorce.
Zahra Pabani,...