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.

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The struggles of Huma Abedin

On the behind-the-scenes story of Hillary Clinton’s closest aide.

In a dreary campaign, it was a moment that shone: Hillary Clinton, on the road to the caucus in Iowa, stopping at a Mexican fast-food restaurant to eat and somehow passing unrecognised. Americans of all political persuasions gleefully speculated over what her order – a chicken burrito bowl with guacamole – revealed about her frame of mind, while supporters gloated that the grainy security-camera footage seemed to show Clinton with her wallet out, paying for her own lunch. Here was not the former first lady, senator and secretary of state, known to people all over the world. This was someone’s unassuming grandmother, getting some food with her colleagues.

It might be unheard of for Clinton to go unrecognised but, for the woman next to her at the till, blending into the background is part of the job. Huma Abedin, often referred to as Clinton’s “shadow” by the US media, is now the vice-chair of her presidential campaign. She was Clinton’s deputy chief of staff at the state department and has been a personal aide since the late 1990s.

Abedin first met Clinton in 1996 when she was 19 and an intern at the White House, assigned to the first lady’s office. She was born in Michigan in 1976 to an Indian father and a Pakistani mother. When Abedin was two, they moved from the US to Saudi Arabia. She returned when she was 18 to study at George Washington University in Washington, DC. Her father was an Islamic scholar who specialised in interfaith reconciliation – he died when she was 17 – and her mother is a professor of sociology.

While the role of “political body woman” may once have been a kind of modern maid, there to provide a close physical presence and to juggle the luggage and logistics, this is no longer the case. During almost 20 years at Clinton’s side, Abedin has advised her boss on everything from how to set up a fax machine – “Just pick up the phone and hang it up. And leave it hung up” – to policy on the Middle East. When thousands of Clinton’s emails were made public (because she had used a private, rather than a government, server for official communication), we glimpsed just how close they are. In an email from 2009, Clinton tells her aide: “Just knock on the door to the bedroom if it’s closed.”

Abedin shares something else with Clinton, outside of their professional ties. They are both political wives who have weathered their husbands’ scandals. In what felt like a Lewinsky affair for the digital age, in 2011, Abedin’s congressman husband, Anthony Weiner, resigned from office after it emerged that he had shared pictures of his genitals with strangers on social media. A second similar scandal then destroyed his attempt to be elected mayor of New York in 2013. In an ironic twist, it was Bill Clinton who officiated at Abedin’s and Weiner’s wedding in 2010. At the time, Hillary is reported to have said: “I have one daughter. But if I had a second daughter, it would [be] Huma.” Like her boss, Abedin stood by her husband and now Weiner is a house husband, caring for their four-year-old son, Jordan, while his wife is on the road.

Ellie Foreman-Peck

A documentary filmed during Weiner’s abortive mayoral campaign has just been released in the US. Weiner shows Abedin at her husband’s side, curtailing his more chaotic tendencies, always flawless with her red lipstick in place. Speaking to the New York Observer in 2007, three years before their marriage, Weiner said of his future wife: “This notion that Senator Clinton is a cool customer – I mean, I don’t dispute it, but the coolest customer in that whole operation is Huma . . . In fact, I think there’s some dispute as to whether Huma’s actually human.” In the film, watching her preternatural calm under extraordinary pressure, you can see what he means.

In recent months, Abedin’s role has changed. She is still to be found at Clinton’s side – as the burrito photo showed – but she is gradually taking a more visible role in the organisation overall, as they pivot away from the primaries to focus on the national race. She meets with potential donors and endorsers on Clinton’s behalf and sets strategy. When a running mate is chosen, you can be sure that Abedin will have had her say on who it is. There’s a grim symmetry to the way politics looks in the US now: on one side, the Republican candidate Donald Trump is calling for a ban on Muslims entering the country; on the other, the presumptive Democratic nominee Hillary Clinton relies ever more on her long-time Muslim-American staffer.

Years before Trump, notable Republicans were trying to make unpleasant capital out of Abedin’s background. In 2012, Tea Party supporters alleged that she was linked to the Muslim Brotherhood and its attempt to gain access “to top Obama officials”. In her rare interviews, Abedin has spoken of how hurtful these baseless statements were to her family – her mother still lives in Saudi Arabia. Later, the senator and former Republican presidential candidate John McCain spoke up for her, saying that Abedin represented “what is best about America”.

Whether senior figures in his party would do the same now remains to be seen.

Caroline Crampton is web editor of the New Statesman.

This article first appeared in the 26 May 2016 issue of the New Statesman, The Brexit odd squad