Q&As

Where the parties to a divorce both reside in the UK, and neither party owns any property in the UK but the petitioner owns property in a non-EU country, will the respondent have any rights to claim financial orders over that property within the divorce proceedings?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 19/06/2017

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:

  • Where the parties to a divorce both reside in the UK, and neither party owns any property in the UK but the petitioner owns property in a non-EU country, will the respondent have any rights to claim financial orders over that property within the divorce proceedings?

In this Q&A, it is presumed that the courts of England and Wales have accepted jurisdiction in respect of the divorce and consequential financial remedy proceedings under the Matrimonial Causes Act 1973 (MCA 1973). It should be noted that in many cases where the parties have a connection with another jurisdiction, there is a risk of a jurisdictional dispute.

Once the English courts have accepted jurisdiction, the starting point is that they will exercise their powers and functions under the MCA 1973 regardless of where the parties are from or where assets are based. As Thorpe LJ stated in Dart v Dart:

‘If the Family Division takes jurisdiction on the application of the principles in De Dampierre v De Dampierre [1988] AC 92 then, no matter where the parties originate and no matte

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