header-logo header-logo

28 July 2011 / Mariko Wilson , Kim Beatson
Issue: 7476 / Categories: Features , Divorce , Family
printer mail-detail

Foreign affairs

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

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

Womble Bond Dickinson—Paula Myers

Womble Bond Dickinson—Paula Myers

Womble Bond Dickinson appoints Paula Myers to private capital team in Leeds

mfg Solicitors—five promotions

mfg Solicitors—five promotions

Law firm mfg Solicitors announces five promotions at Birmingham office

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS

Family set expands with the formal integration of 4 Brick Court into 42BR Barristers

The Court of Appeal has issued a stern warning to lawyers engaging in the practice of ‘privilege hunting’—obtaining an opponent’s legally privileged information through dishonest means
Legal executives have given a lukewarm reception to the Legal Services Board’s (LSB’s) final report from its regulatory review into Mazur advice and guidance
A homeless single parent offered accommodation in Derby has lost her Supreme Court appeal against the London council making the offer
The Kingdom of Bahrain does not enjoy sovereign immunity from allegations it used surveillance software to spy on dissidents in the UK, the Supreme Court has held
back-to-top-scroll