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Publishing Baron Accuses Wife of "Divorce Tourism" (Part 2)

In this two-part blog we look at the case of Mr and Mrs Villiers, who are going through a complicated, cross-border divorce.

Scottish law differs to English law in the way that maintenance payouts are structured. In Scotland, maintenance payouts are usually limited to only three years following the finalisation of a divorce. This is quite different to the law in England where Mrs Villiers may expect to receive maintenance support payments for the remainder of her life.

After the breakdown of his marriage, Mr Villiers was declared bankrupt and his assets were seized. The following year saw Mr Villiers discharged from bankruptcy, however his family manor was repossessed in 2015. Despite filing for bankruptcy and having his home repossessed, his wife’s lawyers have said that Mr Villiers is “far from penniless”. They say that he has half a share in a trust fund worth £3.5 million, which he inherited from his grandmother, as well as £600,000 inherited from his mother.

Mrs Villiers has also argued that her husband’s inherited wealth “may be much more”, after claiming a London flat that is held by a family-controlled company should be included in the inheritance pot. She says that her and their daughter require £10,000 a month in maintenance. She also claims that should her husband use the wealth which he has inherited, he has the means with which to provide them with this sum.

Mr Villiers has insisted that there is no way for him to directly access his family trust fund as it is controlled by trustees. He added that he has also provided “generously” for his daughter.

Michael Horton, representing Mr Villiers, argues that a ruling in favour of his wife is nothing more than a “reward” for her behaviour, after making the move down south from Scotland. He asked Lady Justice Black, sitting in the Court of Appeal, “can a spouse or civil partner, whose marriage or civil partnership is being dissolved in Scotland, move south and apply for maintenance or order to have effect pending divorce or dissolution?”

He spoke to the Court of Appeal, telling them that Mr Villiers had used £250,000 of his inheritance money to pay off the bankruptcy debt. He added that a number of the bankruptcy debts which he had to pay off were ones that he owned jointly with Mrs Villiers.

Mr Villiers’ full appeal will be heard by a panel of senior judges. The date of the appeal is yet to be set.

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Thompson Civil and Family Law Solicitors is a Glasgow law firm, with an office in Coatbridge, serving customers throughout Scotland. We offer all our clients a high quality and affordable. To speak to a member of our team, contact us today on 0141 404 6575.

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Publishing Baron Accuses Wife of "Divorce Tourism"

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