header-logo header-logo

25 July 2014 / Lehna Hewitt
Issue: 7616 / Categories: Features , Family
printer mail-detail

No second helpings

family_update_hewitt

Lehna Hewitt examines the court’s approach to financial provision following an overseas divorce

Under Pt 3 of the Matrimonial and Family Proceedings Act 1984 (MFPA 1984), the English courts have the power to grant financial relief where a marriage has been ended by a foreign decree recognised in this jurisdiction. The purpose of Pt 3 of MFPA 1984 is to alleviate the adverse consequences of inadequate financial provision being made on divorce by a foreign court. The English courts can make orders for financial provision including property adjustment, pension sharing, orders for sale, interim orders, avoidance of disposition orders and transfers of tenancies.

Since the landmark Supreme Court decision in Agbaje v Agbaje [2010] UKSC 13, [2010] 2 All ER 877, there have been several notable decisions in this area which have further clarified and developed the law. The outcome of a successful application can be very beneficial to the financially weaker spouse; however, the purpose of this discretionary power is not to “improve” the financial outcome of a foreign divorce.

Considerations for the court in making orders under Pt 3

Before an

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll