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Basic principles

There are four basic principles of divorce in England: jurisdiction, finances, children and contact, and, as a result of Ayesha Vardag's ground-breaking work on the landmark Supreme Court case, Radmacher v Granatino, prenuptial agreements.

English jurisdiction

London is often called the “divorce capital of the world” and has earned a reputation for large payouts to the financially weaker parties. Though this reputation is a simplification of what happens, it is true that for many people London will be a far more advantageous place to get divorced.

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Finances

When the court decides how to divide the finances, it will look at all the circumstances of your case.

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Prenuptial agreements

Following Vardags’ victory in the landmark Supreme Court case of Radmacher v Granatino in 2010, prenuptial agreements have been increasingly adopted in English law. Though not absolutely binding, the court will seek to apply a prenuptial agreement unless it is unfair.

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Children and contact

The court recognizes that, generally, both parents should play a full role in children’s lives. When deciding with whom a child shall live and how much time they spend with the other parent, the primary concern will be the welfare of the children.

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The information on this website is intended as a guide and does not constitute legal advice. Vardags do not accept liability for any errors in the information on this website, nor any losses stemming from reliance upon the statements made herein. All articles and pages aim to reflect the legal position at time they were published, and may have been rendered obsolete by subsequent developments in the law. Should you require specialist advice, tailored to your situation, please see how Vardags can help you.