Hollywood divorces grab eyeballs just do its marriages and the latest to come under the splitsville bandwagon has been the divorce case of Katie Holmes and Tom Cruise who mainly dwelt on the case of custody. This has triggered a whole new idea of going on venue shopping spree for filing divorces among couples attempting to go separated ways and who have similar custody issues to fight for.
Katie took Cruise by surprise when she filed a divorce in New York instead of where they had been living in California when they were together and where their daughter Suri was brought up. New York jurisdiction on its side refused to grant the parents joint custody over their daughter on grounds of being hostile to each other, thus putting the daughter automatically on Holm?s side.
The decision has led many upscale families to look for alternative jurisdiction other than where they are residing in cases where there is an option so as to gain just what they want in custody issues.
However, simple as it seems the eligibility criteria for ?habitual residence? involves a whole lot of parameters and requires sufficient evidences to prove the points in case. An example might be couples who maintain two residences in two different countries for business or other tax purposes.
In such cases the jurisdictional options widen up showering one party in the marriage with its cauldron of benefits whether financially or otherwise. UK for instance, endows the wife with much greater privileges than the man with added benefits such as financial support till 65 years or age or lifetime, while Spain and France go on pre-marriage contracts about separating what had been the individual party?s assets prior to walking down the aisle.
Katie Holmes and Tom Cruise?s case thus opens up wide opportunities for divorce tourism as well as opportunistic platforms for divorce lawyers to go multi-jurisdictional.