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.
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