Divorce and financial claims: What foreign Premier League players need to know

The Premier League (PL) is arguably the best football league in the world. It therefore understandably, draws the world’s biggest stars and brightest talents, who are all desperate to ply their trade on the English stage. To the uninitiated, the transfer of a player from one club to another appears as nothing more than a notification on Sky Sports. However, those more familiar know there is much, much more for footballers to consider.

One thing that can get overlooked amidst the transfer chaos is that, by accepting a dream move to the PL, a player is agreeing to be subject to family law as it is applied in England and Wales (E&W). This is understandable: young single players will likely not have the idea of starting a family on their radar, and married players will likely not be anticipating any issues. However, the principles of family law in this jurisdiction are infamous; the courts are generous and the power they yield is wide ranging. More concerningly, these principles can also apply to a player in a relatively short amount of time. The potential impact of all of this on a player’s livelihood cannot be ignored.

This article aims to set out the potential family law pitfalls that a player exposes themselves to by virtue of living and working in this jurisdiction. For brevity, we shall only explore financial claims arising out of divorce and financial claims made on behalf of a child of unmarried parents (also known as “Schedule 1 claims” under the Children Act 1989^[1]), although these are not the only types of claims that players should be aware of.

• How long does a player have to be here before a claim can arise?
• What do players and their advisors need to know?
  • The different types of claims
  • Schedule 1 claims
  • The treatment of pre-nuptial agreements
  • Part III claims
• What can incoming players do to protect themselves?

Please note that:

1. Comments made as to the status of family law in other jurisdictions is based on an anecdotal understanding only, and does not constitute advice as to the status of the law in that jurisdiction; and

2. This article makes no reference to female players for no other reason than the money in the male game is significantly higher, which means they have historically been the subject of the types of claims discussed below. The women’s game is undeniably (and quite rightly) heading towards the levels of money that we traditionally associate with the men’s game; and I have every confidence that the same considerations set out below will soon need to be just as equally considered when a female player makes her dream move to the WSL.