Financial relief after overseas divorce—procedure

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

  • Financial relief after overseas divorce—procedure
  • Jurisdiction and allocation
  • Application for permission (leave)
  • Application to set aside a grant of permission
  • Substantive hearing
  • Setting aside and preventing dispositions
  • Costs

Financial relief after overseas divorce—procedure

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in England and Wales during the coronavirus (COVID-19) pandemic and until further notice, which profoundly affects normal practice, including requirements for the majority of family hearings to be dealt with remotely. For details about the changes to court processes and procedures during this time, see Practice Note: Coronavirus (COVID–19)—news and resources for family lawyers. In addition, the Coronavirus (COVID-19) toolkit provides easy access to news, practical guidance and Q&As from across a number of Practice Areas (subject to subscription). This Practice Note sets out the procedure prior to the pandemic and during this period of disruption to the justice system, practitioners should be aware that local practice may vary.

This Practice Note sets out the procedure on an application for permission to issue an application for financial relief under Part III of the Matrimonial and Family Proceedings Act 1984 (MFPA 1984) or Schedule 7 to the Civil Partnership Act 2004 (CPA 2004) following an overseas divorce or dissolution of civil partnership. It also considers the procedural steps following the issue of a substantive application, the allocation of proceedings, requirements for permission (leave), setting aside a grant of permission and setting aside and preventing dispositions, together with the implications of Brexit. See

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