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
  • Who may apply?
  • Jurisdiction
  • Jurisdiction pre-IP completion day and in transitional cases
  • 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

Financial relief after overseas divorce—jurisdiction and legislative provisions

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 a 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). This Practice Note sets out the jurisdiction of the courts in England and Wales to make financial orders under MFPA 1984, Pt III and CPA 2004, Sch 7 and also details the requirements for permission (leave), factors considered by the court, the range of orders available and the implications of Brexit. See also Practice Notes: Financial relief after overseas divorce—court’s approach and case law and Financial relief after overseas divorce—procedure.

11pm (GMT) on 31 December 2020 marked 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 came to an end and significant changes took effect across the UK’s legal regime. From IP completion day, Council Regulation (EC) No 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and

Related documents:

Popular documents