Geraldine Morris reflects on an EU pension divide
In Schofield v Schofield [2011] All ER (D) 26 (Feb) the Court of Appeal has emphasised the importance of judicial collaboration across state boundaries in a case in which the parties had divorced in Germany and the wife subsequently sought an order in relation to a British Army pension. This decision shows the correct approach to applications under Pt III of the Matrimonial and Family Proceedings Act 1984 (MFPA 1984) is that set out in Agbaje v Agbaje [2010] 2 FCR 1 and that the approach developed by Mostyn J in CG v IF (inter-relationship: Pt III Matrimonial and Family Proceedings Act 1984 and Lugano Convention)[2010] All ER (D) 25 (Jun)is not correct.
In Schofield the husband and wife were British and German respectively. They had married in Germany when the husband had been serving in the British Army. There were three children to the marriage. The parties divorced by German decree in May 2007. During, and prior to the marriage, the husband accrued a British Army pension. At the breakdown of the marriage the parties had
