Financial relief after overseas divorce—jurisdiction and legislative provisions
Financial relief after overseas divorce—jurisdiction and legislative provisions

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

  • Financial relief after overseas divorce—jurisdiction and legislative provisions
  • Background
  • Jurisdiction
  • Permission (leave)
  • Interim maintenance
  • Whether it is appropriate to make an order
  • Orders that may be made by the court
  • Jurisdiction based solely on a matrimonial home in England and Wales
  • Preserving assets

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.

Background

Under Part III of the Matrimonial and Family Proceedings Act 1984 (MFPA 1984) spouses who have been divorced overseas and who have a connection with England and Wales may access the remedial financial remedies available in this jurisdiction if they have suffered hardship by reason of foreign divorce. Mirror provisions apply in relation to dissolution of an overseas civil partnership (or its equivalent) under Schedule 7 to the Civil Partnership Act 2004 (CPA 2004).

MFPA 1984, Pt III provides that an application for financial relief may be made where:

  1. a marriage has been dissolved or annulled, or the parties to a marriage have been legally separated, by means of judicial or other proceedings in an overseas country, and

  2. the divorce, annulment or legal separation is recognised as valid in England and Wales, see

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