header-logo header-logo

25 July 2014 / Lehna Hewitt
Issue: 7616 / Categories: Features , Family
printer mail-detail

No second helpings

family_update_hewitt

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

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

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll