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
NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
Read All
NLJ this week: Push to scrap ‘vague’ public office misconduct law
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
NLJ this week: World Cup faces legal storm before kick-off
FIFA’s 2026 Men's World Cup is already mired in controversy, with complaints over ‘excessive prices’ and opaque ticketing. Writing in NLJ this week, Professor Dr Ian Blackshaw of Valloni Attorneys warns that governing bodies may face scrutiny under EU competition law, with allegations of a ‘dominant—if not monopolistic—position’ in ticket sales
NLJ this week: Trade mark practice splits widen post-Brexit
Ten years after Brexit, UK and EU trade mark regimes are drifting apart in practice if not principle. Writing in NLJ this week, Roger Lush and Lara Elder of Carpmaels & Ransford highlight tighter UK scrutiny after SkyKick, where overly broad filings may signal ‘bad faith’
NLJ this week: Sanctions ruling casts ‘wide net’ over global finance
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
NLJ this week: England’s courts cement status as fraud battleground
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Copyright © 2026 LexisNexis
back-to-top-scroll