Financial relief after overseas divorce—court’s approach and case law
Financial relief after overseas divorce—court’s approach and case law

The following Family practice note provides comprehensive and up to date legal information covering:

  • Financial relief after overseas divorce—court’s approach and case law
  • Matters to which the court must have regard
  • Agbaje v Agbaje
  • Impact of delay
  • Disclosure
  • Importance of a valid marriage
  • Importance of a recognised divorce/dissolution
  • Domicile and habitual residence
  • The sharing principle
  • Interim maintenance

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Notes: Brexit and family law, What does IP completion day mean for family law? and Brexit—financial remedies.

The court’s approach to an application for financial relief after an overseas divorce or dissolution is determined by both the legislative provisions at section 18 of the Matrimonial and Family Proceedings Act 1984 (MFPA 1984) or para 10 of Schedule 7 to the Civil Partnership Act 2004 (CPA 2004) and guidance given by the courts, primarily the leading decision of the Supreme Court in Agbaje v Agbaje.

See also Practice Notes: Financial relief after overseas divorce—jurisdiction and legislative provisions and Financial relief after overseas divorce—procedure.

Matters to which the court must have regard

MFPA 1984, s 18 sets out the matters to which the court must have regard in deciding whether to exercise its powers under MFPA 1984, s 17, and if so, in what manner, including:

  1. all the circumstances of the case, first consideration being

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