The case began at the High Court in London yesterday – and if successful, Pauline Chai could be entitled to up to half of her husband, Khoo Kay Peng’s, fortune.
Lawyers for Mr. Peng however argue that the case should be taking place in Malaysia.
But despite only living in the UK since October however, British law could side in favour of his wife.
66-year-old former Miss Malaysia Pauline Chai filed for divorce in February, just five months after moving to 1,000 acre 30-million-pound home in Hertfordshire.
The mother of five has been married to her husband, the 74-year-old Malaysian businessman Khoo Kay Peng, for 42 years, but now wants a divorce on the grounds of «unreasonable behavior».
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If successful, Pauline Chai could be entitled to half of her husband's fortune — a figure believed to be in the region of 500 million pounds.
Her husband, however, wants the case to take place in Malaysia, where she would legally be entitled to much less, arguing that she filed for divorce too early.
Ayesha Vardag is the leading lawyer representing Pauling Chai. She says her client has every right to do to court in the U.K.
«Mr. Peng wants the divorce take place in Malaysia, which is something one would expect him to want, because that would be favorable for him. She feels strongly that her home is here. They have 13-million pound home here that they've had for very many years. So she feels very strongly that she's entitled to English justice».
The lawyers of Khoo Kay Peng are adamant that the case should not be heard in Britain and argue that the case would enhance the country's reputation as the divorce capital of the world.
It's the latest in a series of high-profile divorce trials.
In 2007 Russian businessman and owner of Chelsey Football Club Roman Abramovich is believed to have handed over approximately 300 million pounds to his wive Irina, - one of the biggest divorce settlements ever.
In 2008 Beverley Charman was awarded 48 million pounds in a divorce settlement with her husband John Charman, - the biggest payouts today in British history.
If successful, the case of Pauline Chai could however surpass that figure tenfold.
Ayesha Vardag says that despite the stand-out figure of 500 million pounds, her client is entitled to whatever percentage the law stipulates.
«Fundamentally, marriages are partnerships. And where you have any partnership - it doesn't have some sort of contract regulation of how it's going to be sorted out. If you part, fruits of that partnership are divided equally. That's English law. Therefore, whether you're dealing with a little amount of money or a lot — it doesn't make any difference. The idea is that the results of your partnership should be shared equally».
Critics argue that London is the capital of so-called «divorce tourism» and that British law makes it easier to achieve divorce settlements than in other countries.
Frank Arndt is the Head of the International Family Department at Stowe Family Law. He says people are strategically using the rules of British divorce courts, but wrongdoers will be found out.
«You can only make an application, a successful divorce application, if you can show the grounds of jurisdiction here. In the Part III of application you have to show strong links to the U.K.. If there are no strong links, then obviously you can't do that. If parties are playing very tactical, if they just moved to the U.K. and wait until the 6-month or 12-month period is over, then obviously it looks like the divorce tourism».
The case could still be settled out of court. Previous cases to have gone this way include that of Russian businessman Boris Berezovsky who's believed to have agreed on the figure of between 165 and 220 million pounds with his former wife Galina Besharova.
Pauline Chai's leading lawyer Ayesha Vardag says an out-of-court settlement could still be possible.
«It's highly likely in the case like this. It's exactly the sort of case where they can negotiate an confidential deal».
The case is now being adjourned and it's likely to begin again in August
Read more: http://omoooduarere.blogspot.com/
Read more: http://omoooduarere.blogspot.com/
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