Q&As

A consent order has been made in another jurisdiction that includes a pension sharing order in relation to a pension located in England and Wales. The pension provider requires an order made in England and Wales. What options are available where neither domicile nor habitual residence can be established in relation to an application under Part III of the Matrimonial and Family Proceedings Act 1984?

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Published on LexisPSL on 20/05/2021

The following Family Q&A provides comprehensive and up to date legal information covering:

  • A consent order has been made in another jurisdiction that includes a pension sharing order in relation to a pension located in England and Wales. The pension provider requires an order made in England and Wales. What options are available where neither domicile nor habitual residence can be established in relation to an application under Part III of the Matrimonial and Family Proceedings Act 1984?

A consent order has been made in another jurisdiction that includes a pension sharing order in relation to a pension located in England and Wales. The pension provider requires an order made in England and Wales. What options are available where neither domicile nor habitual residence can be established in relation to an application under Part III of the Matrimonial and Family Proceedings Act 1984?

Under the EU Maintenance Regulation (EC) No 4/2009, where the parties did not have a sufficient connection to England and Wales it was potentially possible to found an application under Part III of the Matrimonial and Family Proceedings Act 1984 under the forum of necessity (forum necessitas) provided for in EU Maintenance Regulation, art 7. This will now only potentially be available in transitional cases, where the proceedings were issued prior to implementation period (IP) completion day (ie 11 pm on 31 December 2020) and are subject to the provisions set out in the Jurisdiction and Judgments (Family) (Amendment etc) (EU Exit) Regulations 2019 (the 2019 Regulations), SI 2019/519, reg 8 (as amended) and the EU Maintenance Regulation continues to apply. See Practice Notes: Jurisdiction EU, in particular section: Transitional provisions and Financial relief after overseas divorce—jurisdiction and legislative provisions, in particular section: Jurisdiction pre-IP completion day and in transitional cases.

Post-IP completion day, where the transitional provisions under the 2019

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