The EEC Convention on Jurisdiction and Judgments

Extract

A Dutch couple was married in the Netherlands in 1957 under the regime of community of property. In 1980, they entered into a marriage contract, which altered their matrimonial regime into one of separation of goods. In 1982, they moved to London. In 1990 the marriage was dissolved by the English High Court. The Court also dealt with an application of the wife for full ancillary relief under sections 23 and 24 of the Matrimonial Causes Act 1973. The High Court awarded her a capital sum so that periodic payments of maintenance would be unnecessary. It also held that the Netherlands separation of goods agreement was of no relevance for the purposes of its decision in the case. In its decision the High Court set the total amount which the wife should be awarded in order to provide for herself at £ 875 000. Part of that amount, £ 535 000, was covered by her own funds, by the sale of moveable property, by the transfer of a painting and finally, by the transfer of immovable property. For the rest, the Court ordered the husband to pay to his former wife a lump sum of £ 340 000, to which the sum of £ 15 000 was added to meet the costs of earlier proceedings.