With the stars of European men's football in the spotlight during the summer, now is a crucial time to consider the personal and family challenges that can arise when footballers and other mobile ultra-high-net worth individuals (UNHWI) move to England for their careers. This is especially true for those who might face complex family law issues, such as divorce, in the UK.
To highlight these potential pitfalls, I will be sharing a case study over several blog articles, each focusing on a different aspect of the legal and personal challenges faced by a fictional Spanish footballer in the UK. The case reflects very real situations that many athletes and other mobile UHNWI encounter.
The case of Xabier and Sara: a Spanish couple navigating divorce in the UK
Let's begin with the specific family background of this case. Xabier and Sara, both Spanish, have been together since their youth. They married in Madrid in 2010 and they have a 10-year-old son, Iker, who was also born in Spain.
Xabier's career and assets
Xabier started his football career in Real Sociedad's youth academy, and his rising trajectory has seen him play for clubs such as Sevilla and Atlético de Madrid. In 2018, he moved to England to join Liverpool FC, where he still plays. During these years, and thanks to a combination of investments spearheaded by his father and agent and a healthy inheritance received after his mother's untimely death, Xabier has amassed assets of around €10 million. His salary at Liverpool is £2.5 million per year, supplemented by various performance-related bonuses and image rights income amounting to an additional £500,000 per year.
Before marrying Sara and having their child, Xabier purchased a detached property in the prestigious area of La Moraleja (Madrid) in 2008, valued at approximately €3 million. With his sign-on bonus, Xabier bought a £2 million property just outside Liverpool, located in an area popular with fellow footballers. Later, with the bonus he received after winning the Champions League in 2019, he bought a holiday house in Menorca. All these properties are solely in Xabier's name.
Sara, on the other hand, comes from a working-class family and worked as a teacher in Madrid before leaving her job to care for Iker following his birth, as agreed upon by the couple. As a result, Sara does not have significant personal wealth.
Marriage contract and financial arrangements
The couple agreed to enter into a marriage contract where they chose the matrimonial property regime of separation of assets[1] (that the Spanish Civil Code provides for), formalised through a public deed signed before a notary. The deed was signed about three months before the wedding. This contract will play a significant role in how things turn out.
After relocating to the UK, Xabier and Sara decided to enrol Iker in a first-class boarding school located 90 minutes from Liverpool. They were both very much on board with the idea of educating their son in prestigious British schools, and this was a factor that had a lot of weight in accepting Liverpool's offer. The tuition and boarding fees, of about €70,000 per year, and all the additional costs, are fully covered by Xabier.
Following the departure of Liverpool's coach, Jurgen Klopp, Xabier is considering going back to a Spanish club to finish his football career there, prioritising family proximity and the Spanish climate over financial gain. Although he is aware that his earnings will decrease, he feels that non-monetary benefits outweigh the potential loss of income.
Looming divorce and legal complications
Unfortunately, Xabier's marriage has been on shaky grounds for over a year. Despite attempts at couples' therapy, they have been considering getting a divorce. Both have hired lawyers in Madrid. Xabier, adhering to their marriage contract and the usual provisions of Spanish law, has offered Sara the use of the property in La Moraleja and child maintenance of €2,500 per month until Iker is financially independent, coverage of all of Iker's educational costs, all costs of moving back to Spain, and spousal maintenance of €5,000 per month for ten years.
However, negotiations stalled when Sara's lawyer asked for some additional provisions. Surprisingly, after a few weeks, Xabier was served with divorce papers coming all the way from London. Sara had filed for a divorce in England, potentially complicating their legal battle due to the significant differences in family law between these two jurisdictions.
Is Spain out of the game?
This case illustrates the complex legal and personal challenges that footballers and other mobile UHNWI like Xabier can face when navigating family law in the UK. With significant financial and emotional stakes, the decision to divorce in a different jurisdiction brings numerous considerations to the forefront, including differences in divorce laws, asset division, maintenance, and child arrangements.
Click here for the next chapter, where we delve deeper into the legal implications of choosing England as the jurisdiction for divorce and what this means for Xabier and Sara.
[1] Under this matrimonial property regime, there are no marital assets except those which title is held in joint names. Everything else is considered the Separate Property of its owner and will remain with the owner on divorce with no claims available to the other spouse (without prejudice to any maintenance claims, which will be limited to meeting income needs).
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