Golubovich v Golubovich – You’re never too in love for a pre-nup!
Family
Comment | 31 October 2011
Golubovich v Golubovich [2011] EWCA Civ 479
This multi jurisdictional, millionaire's divorce battle has all the makings of a Hollywood film; money, love, greed, jet-setting and a race against time.
Whilst judgment was only recently handed down by the Court of Appeal, the story began in 2006 when a young Russian couple, both from affluent families met in America; they married in 2007 and had a daughter in 2008. The couple set up home in London, in a home provided by the husband's parents, and over £1 million was invested in the jurisdiction so that the couple could live here. However, the relationship quickly disintegrated and things turned rather ugly.
The end of the marriage sparked a thrilling chase, as both parties sought to beat one another to issue their divorce petition first. The husband, fearful that he would be forced to part with more money in the English courts attempted to issue proceedings in Russia and the wife clearly saw London as an advantage to her, tried to issue here. This was no longer about simply dissolving the marriage, each parties' focus was about money, on how much they could get, on the wife's side, and how much they could hold onto, on the husband's side.
The wife won the race, although this is far from the end of the story. What followed were a series of lies and stunts by both parties in an attempt to halt the proceedings in the rival's jurisdiction. At one point it was alleged that the husband invented a hearing in Moscow and forged an apparent decree of divorce. There then ensued a series of orders and appeals by both Courts and even a Hemain injunction in London, in an attempt to halt the proceedings in Russia. The husband continued to pursue the divorce in Russia, in breach of the injunction, and the marriage was dissolved, in Moscow, in December 2009.
The tale doesn't end there though. There followed a hearing in March of this year in London which attempted to challenge the findings of the Russian Court and to resolve the matter. The husband proceeded to appeal the decision and the matter finally drew to a close in July when the Court of Appeal held that the Russian Court was within its rights to dissolve the marriage and the husband was forced to pay his ex-wife £2,485,000 with periodical payments of £60,000 per annum.
And so sees the end of certainly one of the most colourful divorce battles in recent years. The unsavoury tactics adopted by both sides, the cross jurisdictional legal battles and the money involved makes it one that will be hard to top. Whilst this no doubt makes a great story, it should serve as a cautionary tale to others: for those who are happily or unhappily married, unmarried and contemplating marriage or even somewhere between the two – a great deal of time and money could be saved if parties broached the issue of a pre-nup or indeed a post-nuptial agreement.
You have been warned.
Co-author Nick Sinclair, trainee.
