More evidence that London is the divorce capital of the world

Another Russian divorce case.

London’s status as the divorce capital of the world was enhanced by the news in July this year that Alexei Golubovich and Olga Mirimskaya have apparently issued proceedings in London’s High Court to deal with their English property, following their divorce in Russia last year. 

They are reported to be the first foreign dynasty in which two consecutive generations have sought the aid of the English courts. Their son, in fact, tried to avoid the English courts and initially succeeded by winning the "race’" to issue divorce proceedings outside England and Wales. The Court of Appeal subsequently held that his wife was entitled to commence financial proceedings here because there was a connection to England (she was living here).  

She succeeded in winning an award of just over £2.8m following a marriage of just 18 months. Commentators were critical that the decision would encourage people to move here to take advantage of the more generous divorce legislation.   

At the centre of this latest row is a mansion on Upper Mall in Chiswick alleged to be worth £6.4m. Both claim it is theirs, although it is currently registered in Mr Golubovich’s name.

In English divorce cases, it does not normally matter in whose name a property is registered. The court has the power to transfer assets from one to the other and the recent Prest case confirmed that if a third party owns property on trust for one spouse, a transfer to the other can be ordered. 

In smaller money cases a court will not normally order a transfer to a spouse if it would financially prejudice the other (e.g. an order that means one party remains liable under the other’s mortgage indefinitely, since this affects their mortgage capacity and prejudices their own ability to rehouse!).  

In cases where the matrimonial home is the largest asset and it is required to meet the needs of the spouse caring for the children, it is common to have a "Mesher" Order so that the property is sold upon specified triggering events, such as when the children attain the age of 18 years or cease full-time education. Where both parties want to retain the matrimonial home and there is sufficient money for one of them to do so, emotions inevitably run high.  

In a divorce case, the judge has the option to order a sale of property and other assets. When a couple are arguing about contents, being told that they face receiving just half the proceeds of sale of their second-hand goods and then having to replace them often leads to a pragmatic approach being adopted by both.

With property, if a sale is ordered potentially either or both of the couple can make an offer. In some cases, the issue can go to sealed bids with both (and any interested third parties) having to make offers by a certain time deadline. This can, in practice, mean one pays significantly over the odds for a property he or she particularly wants. Arguably, if the other wanted it as well, it may make losing out less of a bitter pill to swallow.  

According to press reports, the arguments being run by Mr Golubovich and Mrs Mirimskaya are that each says that it was the intention that the property would be beneficially theirs.  

Documentation will apparently show that initially the house was bought by an offshore company in 2004 and then transferred to Mrs Mirimskaya’s name in 2005.  In 2008 the house was transferred into her husband’s name, but she says it remained the common intention of both of them that she would continue to be the 100 per cent beneficial owner of the property. 

The court will no doubt want to hear the circumstances in which this 2008 transfer took place. It may become relevant that in the latter years, according to media reports, the property was occupied by Mr Golubovich, the couple’s two younger children, niece and mother-in-law, while Mrs Mirimskaya spent most of her time outside the United Kingdom.  

He will apparently insist the 2008 transfer was part of the agreed division of their assets and if the documentation confirms this, it is hard to see on what basis the court would order a transfer back, particularly given the developments with prenuptial and postnuptial agreements.  

Until more information is available about both their cases, it is impossible to predict how this one will develop. In choosing to resolve matters through court as opposed to trying mediation or collaboration, what is certain is that both will spend significant sums on legal costs. Unlike most people, they can afford to do so.  

This piece first appeared on Spear's magazine.

Kirstie Law is a partner at Thomson Snell & Passmore

Another Russian divorce in London. Photograph: Getty Images

This is a story from the team at Spears magazine.

Joe Raedle/Getty Images
Show Hide image

This is the new front in the battle to control women’s bodies

By defining all of us as “pre-pregnant”, women are afforded all the blame – but none of the control.

For several weeks, YouTube has been reminding me to hurry up and have a baby. In a moment of guilt over all the newspapers I read online for free, I turned off my ad-blocking software and now I can’t play a simple death metal album without having to sit through 30 seconds of sensible women with long, soft hair trying to sell me pregnancy tests. I half expect one of them to tap her watch and remind me that I shouldn’t be wasting my best fertile years writing about socialism on the internet.

My partner, meanwhile, gets shown advertisements for useful software; my male housemate is offered tomato sauce, which forms 90 per cent of his diet. At first, I wondered if the gods of Google knew something I didn’t. But I suspect that the algorithm is less imaginative than I have been giving it credit for – indeed, I suspect that what Google thinks it knows about me is that I’m a woman in my late twenties, so, whatever my other interests might be, I ought to be getting myself knocked up some time soon.

The technology is new but the assumptions are ancient. Women are meant to make babies, regardless of the alternative plans we might have. In the 21st century, governments and world health authorities are similarly unimaginative about women’s lives and choices. The US Centres for Disease Control and Prevention (CDC) recently published guidelines suggesting that any woman who “could get pregnant” should refrain from drinking alcohol. The phrase implies that this includes any woman who menstruates and is not on the Pill – which is, in effect, everyone, as the Pill is not a foolproof method of contraception. So all females capable of conceiving should treat themselves and be treated by the health system as “pre-pregnant” – regardless of whether they plan to get pregnant any time soon, or whether they have sex with men in the first place. Boys will be boys, after all, so women ought to take precautions: think of it as rape insurance.

The medical evidence for moderate drinking as a clear threat to pregnancy is not solidly proven, but the CDC claims that it just wants to provide the best information for women “and their partners”. That’s a chilling little addition. Shouldn’t it be enough for women to decide whether they have that second gin? Are their partners supposed to exercise control over what they do and do not drink? How? By ordering them not to go to the pub? By confiscating their money and keeping tabs on where they go?

This is the logic of domestic abuse. With more than 18,000 women murdered by their intimate partners since 2003, domestic violence is a greater threat to life and health in the US than foetal alcohol poisoning – but that appears not to matter to the CDC.

Most people with a working uterus can get pregnant and some of them don’t self-define as women. But the advice being delivered at the highest levels is clearly aimed at women and that, in itself, tells us a great deal about the reasoning behind this sort of social control. It’s all about controlling women’s bodies before, during and after pregnancy. Almost every ideological facet of our societies is geared towards that end – from product placement and public health advice to explicit laws forcing women to carry pregnancies to term and jailing them if they fail to deliver the healthy babies the state requires of them.

Men’s sexual and reproductive health is never subject to this sort of policing. In South America, where the zika virus is suspected of having caused thousands of birth defects, women are being advised not to “get pregnant”. This is couched in language that gives women all of the blame and none of the control. Just like in the US, reproductive warnings are not aimed at men – even though Brazil, El Salvador and the US are extremely religious countries, so you would think that the number of miraculous virgin births would surely have been noticed.

Men are not being advised to avoid impregnating women, because the idea of a state placing restrictions on men’s sexual behaviour, however violent or reckless, is simply outside the framework of political possibility. It is supposed to be women’s responsibility to control whether they get pregnant – but in Brazil and El Salvador, which are among the countries where zika is most rampant, women often don’t get to make any serious choice in that most intimate of matters. Because of endemic rape and sexual violence, combined with some of the strictest abortion laws in the world, women are routinely forced to give birth against their will.

El Salvador is not the only country that locks up women for having miscarriages. The spread of regressive “personhood” laws across the United States has led to many women being threatened with jail for manslaughter when they miscarry – even as attacks on abortion rights make it harder than ever for American women to choose when and how they become pregnant, especially if they are poor.

Imagine that you have a friend in her early twenties whose partner gave her a helpful list of what she should and should not eat, drink and otherwise insert into various highly personal orifices, just in case she happened to get pregnant. Imagine that this partner backed his suggestions up with the threat of physical force. Imagine that he routinely reminded your friend that her potential to create life was more important than the life she was living, denied her access to medical care and threatened to lock her up if she miscarried. You would be telling your friend to get the hell out of that abusive relationship. You would be calling around the local shelters to find her an emergency refuge. But there is no refuge for a woman when the basic apparatus of power in her country is abusive. When society puts social control above women’s autonomy, there is nowhere for them to escape.

Laurie Penny is a contributing editor to the New Statesman. She is the author of five books, most recently Unspeakable Things.

This article first appeared in the 11 February 2016 issue of the New Statesman, The legacy of Europe's worst battle