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25 July 2014 / Lehna Hewitt
Issue: 7616 / Categories: Features , Family
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No second helpings

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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

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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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