English judges deciding Scottish divorce cases is “recipe for chaos”, Supreme Court hears

English judges deciding Scottish divorce cases is a “recipe for chaos”, the Supreme Court has heard in a landmark case between an aristocrat and his estranged wife.

Charles Villiers, 56, a distant relative of the Duchess of Cornwall, claims to be the only man in western Europe who "isn't allowed to get divorced" because of legal red tape he blames on “EU meddling”.

The Scottish aristocrat, has accused his wife, Emma, 60, who he married in 1994, of “trying it on” as a divorce tourist. He claims that despite living in Scotland for the majority of their marriage, she only moved south of the Border once they separated. 

Mr Villiers claims that this was because his estranged wife wanted apply for separate maintenance proceedings in the English courts, where financial awards are more generous. 

However today marked the first day in the final leg of their legal battle - which has already spanned more than four years. 

The case was heard before a five-judge panel, led by Lady Hale, which is being asked to rule on whether EU law was applied correctly when maintenance regulations were introduced in the UK in 2011.

Michael Horton, representing Mr Villiers, suggested today that it would spark “chaos” if English judges were to decide upon Scottish divorce cases, and called for individual cases to be dealt with by the same courts, in the same countries. 

He told the Supreme Court: “Rather than a recipe for chaos, it’s a recipe for sanity.”

Mr Horton argued before the panel that if one court is dealing with a divorce, then that same court should deal with the consequences - including financial repercussions - of the divorce. 

Mr and Mrs Villiers, who were both present at the hearing and flanked by their respective legal teams, had lived for most of their marriage in Milton House, an 18th-century property in Scotland. In 2012, after 17 years together, Mrs Viliers relocated to Notting Hill, London, with their 22-year-old daughter, Clarissa. 

Following the breakdown of their marriage, Mr Villiers was declared bankrupt. Despite being discharged from bankruptcy a year later, the family manor was repossessed.

Mr Villiers, who has family links with the Duchess of Cornwall through his mother, Elizabeth Keppel, filed for divorce in Scotland but three months later his wife applied to the English courts for financial maintenance.

Her lawyers claim he has a half share in a £3.5million trust fund plus another £600,000 fund from his mother. 

They argue that his total inherited wealth "may be much more" if a London flat in a family controlled company is included. 

The case marks the first appeal since the introduction of a 2011 EU regulation, which means England and Scotland are treated as separate member states for the purposes of maintenance awards.  

Whatever the judicial panel decide, the case  is likely to have far reaching repercussions for future cross-Border divorce cases. 

It is also thought to be the first divorce case in 200 years, since George IV separated from Queen Caroline, in which the Government has intervened and will be represented by its own QC.

Last year the Court of Appeal ruled that English Courts did have jurisdiction to deal with the Villiers divorce maintenance application. The case is now being appealed by Mr Villiers within the Supreme Court.

The hearing at the UK’s highest court will conclude tomorrow.