Financial provision following a foreign divorce

Our long experience means we can advise clients on whether they can bring a financial claim in this jurisdiction.

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Someone who has been divorced abroad, but is now habitually resident in England and Wales, may still be able to bring a financial claim in this jurisdiction.

Part III of the Matrimonial and Family Proceedings Act 1984 provides a mechanism in certain circumstances for a claim to be brought in this country against a spouse or former spouse even if financial provision has already been made by a foreign court. The party seeking to make a claim needs to show a sufficiently strong connection to this country and the court needs to be satisfied that it was necessary to make an order for further financial provision. This may be because the foreign proceedings were superficial, not independent, or the award that was made is clearly insufficient or unjust.

A claim cannot be made merely to “top up” the amount received in a foreign divorce to the level which would have been received if the financial proceedings had originally taken place in this country.

The precise circumstances of each individual case will be key to considering whether financial provision can be sought in this country following a divorce in another country particularly if the divorce took place in an EU member state. Hughes Fowler Carruthers’ long experience in these situations means we can advise clients on whether such a course of action is available to them and how best it should be pursued.