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.

kerim44 at Wikimedia Commons
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Xenophobic graffiti at a London Polish centre is a dark sign of post-Brexit Britain

The centre's chairwoman says an incident of this kind has never happened before, and police are treating it as a hate crime. 

Early on Sunday morning, staff arriving at the Polish Social and Cultural (POSK) centre in west London's leafy Ravenscourt Park were met with a nasty shock: a xenophobic obscenity smeared across the front of the building in bright yellow paint. 

“It was a standard, unpleasant way of saying ‘go away’ – I'll leave that to your interpretation,” Joanna Mludzinska, chairwoman of the centre, says the next morning as news crews buzz around the centre’s foyer. The message was cleaned off as soon as the staff took photo evidence – “we didn’t want people to walk down and be confronted by it” – but the sting of an unprecedented attack on the centre hasn’t abated.

“Nothing like this has ever happened before,” Mludzinska tells me, shaking her head. “Never.”

The news comes as part of a wash of social media posts and police reports of xenophobic and racist attacks since Friday’s referendum result. It’s of course difficult to pin down the motivation for specific acts, but many of these reports feature Brits telling others to “leave” or “get out” – which strongly implies that they are linked to the public's decision on Friday to leave the European Union. 

Hammersmith and Fulham, the voting area where the centre is based, voted by a 40-point margin to remain in the UK, which meant the attack was particularly unexpected. “The police are treating this as a one-off, which we hope it is,” Mludzinska tells me. They are currently investigating the incident as a hate crime. 

“But we have anecdotal evidence of more personal things happening outside London. They’ve received messages calling them vermin, scum [in Huntingdon, Cambridgeshire]. It’s very frightening.” As one local Polish woman told the Mirror, there are fears that the referendum has “let an evil genie out of a bottle”. 

For those unsure whether they will even be able to stay in Britain post-referendum, the attacks are particularly distressing, as they imply that the decision to leave was, in part, motivated by hatred of non-British citizens. 

Ironically, it is looking more and more likely that we might preserve free movement within the EU even if we leave it; Brexit campaigners including Boris Johnson are now claiming immigration and anti-European feeling were not a central part of the campaign. For those perpetrating the attacks, though, it's obvious that they were: “Clearly, these kind of people think all the foreigners should go tomorrow, end of,” Mludzinska says.

She believes politicians must make clear quickly that Europeans and other groups are welcome in the UK: “We need reassurance to the EU communities that they’re not going to be thrown out and they are welcome. That’s certainly my message to the Polish community – don’t feel that all English people are against you, it’s not the case.” 

When I note that the attack must have been very depressing, Mludzinska corrects me, gesturing at the vases of flowers dotted around the foyer: “It’s depressing, but also heartening. We’ve received lots and lots of messages and flowers from English people who are not afraid to say I’m sorry, I apologise that people are saying things like that. It’s a very British, very wonderful thing.”

Beyond Hammersmith

Labour MP Jess Phillips has submitted a parliamentary question on how many racist and xenophobic attacks took place this weekend, compared to the weekends preceding the result. Until this is answered, though, we only have anecdotal evidence of the rise of hate crime over the past few days. From social media and police reports, it seems clear that the abuse has been directed at Europeans and other minorities alike. 

Twitter users are sending out reports of incidents like those listed below under the hashtag #PostBrexitRacism:

Facebook users have also collated reports in an album titled Worrying Signs:

Police are currently investigating mutiple hate crime reports. If you see or experience anything like this yourself, you should report it to police (including the British Transport Police, who have a direct text number to report abuse, 61016) or the charity Stop Hate UK.

HOPE not hate, an advocacy group that campaigns against racism in elections, has released a statement on the upsurge of hatred” post-referendum, calling on the government to give reassurance to these communities and on police to bring the full force of the law” to bear against perpetrators.

The group notes that the referendum, cannot be a green light for racism and xenophobic attacks. Such an outpouring of hate is both despicable and wrong.

Barbara Speed is a technology and digital culture writer at the New Statesman and a staff writer at CityMetric.