Mariko Wilson & Kim Beatson examine financial relief following marital breakdown in an overseas jurisdiction
By virtue of Pt 3 of the Matrimonial and Family Proceedings Act 1984 (MFPA 1984), English Courts have the power to grant financial relief where a marriage has been dissolved or annulled or the parties have been legally separated in an overseas jurisdiction. The dissolution, annulment or legal separation must, however, be recognised as valid in England and Wales before MFPA 1984 can be invoked.
Part 3 of MFPA 1984 remedies the potential hardship suffered following an overseas divorce by enabling the Court to make Orders for financial provision including property adjustment, pension sharing, Orders for sale, interim Orders, avoidance of disposition Orders and transfers of tenancies.
Considerations for the Court
Before making any Order for financial relief, the Court has a duty to consider whether in all the circumstances of the case, it would be appropriate for such an Order to be made by a Court in England or Wales. The Court should also have regard to the following considerations in MFPA 1984, s 16:
- The
