The UK or Monaco: Where should I divorce?

In today’s modern world, many couples have connections to other countries, whether they live abroad temporarily or permanently, or hold foreign citizenship. It’s also common for spouses to live in different countries due to work or other commitments. This means they might be able to get divorced in more than one country, making the choice of where to proceed very important.  

In high-net-worth (HNW) divorce cases, it is impossible to underestimate the importance of ensuring the financial settlement proceedings are decided in the jurisdiction that most benefits your position. For financially weaker spouses, that jurisdiction is almost always England and Wales. 

Key Differences Between UK and Monaco Divorce Laws

Monaco is a self-governing principality, with no laws governing separation of assets, and the only wealth that is divided in a divorce is that which was commonly created. 

In Monaco, there is no legal concept of shared marital property. In many European countries, the financially weaker party could be entitled to at least half of the assets and wealth, if there are children involved, or if the marriage is a long one. However, in the Monegasque system, the key consideration is the level of life and the duration of the marriage. 

If you choose to divorce in Monaco, the financial remedies that are available are the following: 

• Spousal maintenance awarded during the divorce proceedings (alimony) 

• Spousal compensation granted when the divorce becomes final 

• The liquidation of the matrimonial property regime 

• Child support 

After the divorce is final, the spouses no longer have a duty to support each other, and alimony ceases. At this point, you may be awarded: 

• A compensatory benefit (prestation compensatoire) which is usually paid in capital, which can be paid in up to five yearly installments 

• The attribution of an asset, or life interest in an asset 

It is crucial to note that Monegasque law does not allow for the compensatory benefit to be fixed in the form of a lifelong annuity. This is because, the case law confirms that the purpose of compensatory benefit is to compensate for the disparity that the dissolution of marriage creates in the spouses’ living conditions and not to “correct” the consequences of the choice of the matrimonial regime. 

Can I divorce in the uk?

To be able to divorce in England and Wales, the English and Welsh court needs to have jurisdiction to deal with your case. Generally, you can get divorced here if you or your spouse are domiciled or habitually resident here. You do not need a British citizenship, and you are able to get a divorce in England or Wales even if you were married in another country.

Deciding whether to get a divorce is challenging for many. If you have a connection with a different jurisdiction, whether it is Monaco or another country, you should first establish whether you can get divorced in those jurisdictions and, if so, what the financial outcome may be compared to England and Wales. This information should be obtained without delay so that you preserve the option to issue proceedings in a country that is most favourable to you. Contact Vardags for a free initial consultation with one of our expert divorce solicitors. 

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What about England and Wales? 

It is not for nothing that the saying ‘London is the divorce capital of the world’ is trotted out so regularly in the media. When compared to other jurisdictions, judges in England and Wales are exceptionally generous to the financially weaker party in a divorce case. This primarily stems from the House of Lords landmark decision in White v White [2001] 1 AC 596, where the Court ruled that when considering the contributions made by each party to the marriage, the contributions made by the spouse who primarily cared for the home and children should be judged equally to those made by the spouse who went out to work.