header-logo header-logo

Home Login E-newsletter About us
28 July 2011 / Mariko Wilson , Kim Beatson
Issue: 7476 / Categories: Features , Divorce , Family
printer mail-detail

Foreign affairs

© Copyright LexisNexis 2026. All Rights Reserved.

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

Read All
Sponsored by
Winckworth Sherwood—Charlotte Coleman & Qaisar Sheikh

Winckworth Sherwood—Charlotte Coleman & Qaisar Sheikh

Two promoted to partner in property litigation and education teams

Dorsey & Whitney LLP—Peter Knust

Dorsey & Whitney LLP—Peter Knust

Cross-border finance and restructuring specialist joins as of counsel in London

Powell Gilbert—Callum Beamish-Lacey

Powell Gilbert—Callum Beamish-Lacey

IP firm promotes litigator to partnership

NEWS
Read All
NLJ this week: Mazur and more—inside the litigation frontline

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

NLJ this week: Social media bans for children spark legal dilemmas
Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
NLJ this week: Leasehold reform risks creating ‘forgotten freeholders’
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
NLJ this week: Court of Appeal clarifies when a claim truly begins
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
NLJ this week: Split FDRs could ease pressure—and boost settlements
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
Copyright © 2026 LexisNexis
back-to-top-scroll