Q&As

If a husband has commenced divorce proceedings in Australia and the wife wishes to apply to the English court for financial provision in relation to property in the husband’s name in the UK can she issue proceedings immediately or only when the divorce proceedings in Australia have been concluded?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 04/04/2017

The following Family Q&A Produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • If a husband has commenced divorce proceedings in Australia and the wife wishes to apply to the English court for financial provision in relation to property in the husband’s name in the UK can she issue proceedings immediately or only when the divorce proceedings in Australia have been concluded?

Part III of the Matrimonial and Family Proceedings Act 1984 (MFPA 1984) was enacted to ensure insofar as was possible that where a spouse had a connection with England and Wales, any hardship suffered through the application of foreign law on divorce could be ameliorated by enabling that spouse to bring proceedings here. As the Supreme Court put it in Agbaje v Agbaje, the legislative purpose is ‘the alleviation of the adverse consequences of no, or no adequate, financial provision being made by a foreign court where there were substantial connections with England’.

The permission (leave) of the court is required before an application under the MFPA 1984 can be made. The court should not grant leave unless there is a ‘substantial ground’ for the making of an application. In Agbaje

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