Brabners Personal: Financial Settlement After An Overseas Divorce
Brabners Personal: Supporting you across global boundaries
Landmark life events such as marriage, moving in with a partner, or a divorce can change your position in relation to family wealth, and sometimes put it at risk. Protecting your wealth and your family can be challenging in these situations, particularly if there is an international component to consider. Anyone who has links to more than one country, will want to consider the options available.
Frequently Asked Questions
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What is an application for a financial relief after an overseas divorce?
This is an application under Part III of the Matrimonial and Family Proceedings Act 1984 for financial provision following a divorce in a different jurisdiction.
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When can an application for a financial relief after an overseas divorce be made?
To make an application you must have been divorced overseas and that divorce must be recognised in England and Wales. You must also have a specific connection to this country. You will then require permission to make an application; and permission is only granted where the court considers there is a solid, or substantial ground for making an application. Specialist advice from an international family lawyer will be required as to whether it is appropriate for an application to be made.
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What will the court consider before granting financial relief?
The court will take into account the couple’s connections to England and Wales, the country where the marriage was dissolved or annulled or where they legally separated and any other countries. The court will also consider the following factors:
- To what extent an order made abroad has been complied with.
- Any benefit that the applicant, or a child of the family has received, or will receive, as a result of the divorce, annulment or separation.
- Whether there are any assets in England and Wales that could be given to the applicant
- Any right that the applicant has or had to make an application for financial relief abroad, and why no relief was sought if the applicant was eligible and chose not to apply
- The time that has lapsed since divorce, annulment or legal separation.
- The extent to which an order made is likely to be enforceable.
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What types of orders can the court make under Part III of the Matrimonial and Family Proceedings Act 1984?
The court will need to carefully consider whether it is appropriate for an order to be made in this country. For most people who divorce abroad, they will have to recourse to the court in England and Wales. However, in some circumstances it is appropriate and just for the court to make an order.
The court has a wide jurisdiction as to the different types of financial relief that are available. The most common orders include transfer or sale of property, pension sharing, lump sum payment, interim orders (for legal fees or maintenance) and long-term maintenance in respect of a spouse or children.
