Family Law
African customary law – To impact english divorce?
There is currently much coverage in the press of the divorce of Mr and Mrs Prest. Mr Prest is described in the papers as an oil tycoon who is allegedly one of Britain’s most successful and influential black businessmen. It was reported that Mr Prest was ordered to pay Mrs Prest £17.5 million and maintenance of £24,000 a year for each of their four children plus school fees and medical bills as part of their divorce settlement in October 2011.
However, Mr Prest has now been granted permission to appeal against the decision. Mr Prest argued that the ownership of Petrodel Resources Ltd, the oil company at the centre of the dispute, is held in trust for his children and his siblings’ children under Nigerian customary law. Thorpe LJ granted leave for Mr Prest to appeal on the basis that Petrodel is bound up with Nigeria and may be governed by customary law.
If Mr Prest’s appeal is successful, this will inevitably have a huge impact upon what is in the “matrimonial pot” to be distributed between the couple and it will no doubt reduce Mrs Prest’s financial settlement.
We live in a multicultural society and under english family law we must look at each and every divorce case on its own facts. Therefore is it only right that the english courts must take into account the laws of other countries which impact the family?
This case demonstrates how essential expert advice is at an early stage when faced with separation and divorce proceedings. At Pannone we specialise in family law and we have one of the largest teams of specialist family law solicitors outside of London.
Read more divorce advice on our family law blog or follow us on twitter @divorce_experts.
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