Divorce abroad, but no fair settlement? Our fixed fee solicitors in London can help you apply for a divorce financial settlement in England under Part III MFPA 1984.
If your marriage or civil partnership was dissolved overseas but you received no financial settlement or an inadequate settlement, you may still be able to claim a financial settlement in England. Our fixed fee divorce financial settlement solicitors in London can represent you in applying for financial relief through the English family courts.
Under Part III of the Matrimonial and Family Proceedings Act 1984 (MFPA 1984), the English courts have the power to grant financial relief following a foreign divorce, dissolution, or annulment. The legislation is designed to protect individuals who have a substantial connection with England but were left with little or no financial provision abroad.
If you ended your marriage or civil partnership abroad and need advice on claiming a financial settlement in England, contact Premium Solicitors today. Our experienced team can guide you through every stage of the process and represent you on a fixed fee basis.
- Page Contents
- Ask a Question Online
- Applying for Financial Settlement
- Permission Stage
- Financial Settlement Proceedings Stage
- How Do Courts Decide?
- Treatment of Different Assets
- How Much Do We Charge?
- Frequently Asked Questions
Ask a Question About a Divorce Financial Settlement Matter
If you are going through a divorce or separation, resolving financial matters can be one of the most complex and sensitive aspects of your case. At Premium Solicitors, our experienced divorce and family law solicitors provide clear, practical, and strategic legal advice to help you achieve a fair financial settlement.
Applying for Financial Settlement in England After a Foreign Divorce
To apply for financial relief in England after an overseas divorce, you must complete a two-stage process:
Permission Stage: You must first obtain the Court’s permission to proceed.
Financial Settlement Proceedings: If permission is granted, your case will follow the same structured court process as a UK divorce financial settlement.
1. Permission Stage: Applying for Leave to Proceed
The permission stage acts as a filter mechanism to prevent weak or unmeritorious claims. You must show a substantial ground for your application – a threshold described in Agbaje v Agbaje [2010] as “solid” rather than merely “arguable.”
Jurisdictional Requirements
You may apply for financial relief in England if:
- Either spouse/civil partner is domiciled in England and Wales at the time of the foreign divorce or application;
- Either party has been habitually resident in England and Wales for at least 12 months;
- One party has an interest in a matrimonial home in England and Wales; or
- Other limited criteria under EU/UK legislation are satisfied.
Legal Recognition
Both the marriage and the foreign divorce/dissolution must be valid and legally recognised in England and Wales. You cannot bring a Part III claim if you have remarried.
Factors Considered by the Court (MFPA 1984, s.16(2))
The Court will consider:
- The parties’ connections with England, the country of divorce, and any other relevant country;
- Financial benefits already received abroad;
- Whether foreign court orders have been complied with;
- Availability of assets in England and enforceability of orders;
- The time elapsed since the foreign divorce or dissolution.
A detailed personal statement, accompanied by supporting evidence, is crucial at this stage and is often supplemented by an expert report on the foreign jurisdiction’s law.
2. Financial Settlement Proceedings After Permission
Once permission is granted, the process mirrors standard divorce financial settlement proceedings in England, which are court-controlled and involve strict timetables. Key stages include:
Form A (Notice of Application): Initiates proceedings (£255 court fee without consent, £50 with consent).
First Directions Appointment (FDA): Case management hearing where financial disclosure (Form E) and issues are identified.
Financial Dispute Resolution (FDR) Hearing: A settlement-focused hearing to encourage negotiation.
Final Hearing: If no agreement is reached, the judge makes a binding order.
How Do English Courts Decide on Financial Settlements?
The Court considers all relevant circumstances under Section 25 of the Matrimonial Causes Act 1973, including:
- Needs of any children;
- Financial needs and obligations of each party;
- Length of the marriage/civil partnership;
- Ages and health of the parties;
- Current and future earning capacity;
- Assets and pensions;
- Standard of living during the relationship;
- Financial and non-financial contributions (e.g. homemaking, childcare).
A 50/50 split is only typical in long marriages. The Court prioritises needs, fairness, and the welfare of children.
Treatment of Different Assets
Matrimonial Home: Usually included in settlement; may be sold or retained with offset arrangements.
Pensions: Can be shared, offset, or split into two schemes.
Business Assets: Treated as both income sources and capital; courts aim to avoid liquidation.
Overseas Assets: Must be disclosed; courts can make orders covering foreign property.
Trusts, Inheritance, and Insurance Policies: May be included, depending on the circumstances.
Our Fixed Fees For Divorce Financial Settlement
Our fixed fees for divorce financial settlement in England after an overseas divorce are as given in the fee table below:
| Matter Type | Fixed Fee Range |
| All the work until the decision by the court on the permission application for a financial settlement after an overseas divorce (permission stage) | From £3,000 + VAT to £5,000 + VAT |
|
Preparation for mediation for financial settlement, mediation referral and follow-up advice |
From £500 + VAT to £800 + VAT |
| In case of an agreement being reached in mediation, reviewing the agreement and advising on it. Where acting for the petitioner, preparing and filing a consent order with the family court | From £800 + VAT to £1500 + VAT |
| All the work from issuing financial proceedings for financial settlement until the First Appointment Hearing | From £2,500 + VAT to £5,000 + VAT |
| All the work after the First Appointment Hearing until the First Dispute Resolution (FDR) Hearing | From £4,500 + VAT to £8,000 + VAT |
| All the work after the First Dispute Resolution (FDR) Hearing until the Final Hearing | From £6,000 + VAT to £12,000 + VAT |
| An application for permission for financial settlement in England and an overseas divorce or dissolution of civil partnership to cover all the work until the decision on the permission application by the court. | From £1,500 + VAT to £3,000 + VAT |
| Drafting and advising on a separation agreement after gathering all the relevant information from one of the parties | From £800 + VAT to £1500 + VAT |
| Giving legal advice on a separation agreement prepared by the other party after thoroughly reviewing the agreement | From £500 + VAT to £800 + VAT |
- We will provide a fixed fee for your matter once we have fully assessed it and considered all relevant factors.
- Our fixed fees do not cover any third-party fees, including court fees, Barrister's fees and any other fees payable to third parties.
- If you do not want to instruct us on a fixed fee basis, we can also act for you on an hourly rate basis at £200 + VAT per hour, depending on the complexity of the matter.
FAQs - Financial Settlement In England After An Overseas Divorce
A financial settlement after an overseas divorce refers to an application made in England and Wales to resolve financial claims—such as property, maintenance, pensions, or assets—following a divorce granted outside the UK. This is typically pursued under Part III of the Matrimonial and Family Proceedings Act 1984.
Yes, you may be able to claim financial relief in England and Wales even if your divorce took place abroad. However, you must first obtain permission (leave) from the court to proceed with your application.
Financial claims following an overseas divorce are governed by Part III of the Matrimonial and Family Proceedings Act 1984, which allows UK courts to grant financial remedies where appropriate.
You may be eligible if:
Your marriage was legally dissolved overseas, and
You or your former spouse has a sufficient connection to England and Wales (e.g., residence, domicile, or property ownership).
The court will consider whether either party:
- Is domiciled in England or Wales
- Is habitually resident in England or Wales
- Owns assets or property located in England and Wales
A strong connection is essential for the court to accept jurisdiction.
Yes. Before making a substantive application, you must apply for permission (leave) from the court. This is a preliminary stage where the court assesses whether your claim has merit and a real prospect of success.
The court in England and Wales can grant a wide range of financial orders, including:
- Lump sum payments
- Property adjustment orders
- Spousal maintenance
- Pension sharing orders
Not necessarily. The court will not automatically rehear the entire case but will consider whether it is appropriate to grant additional financial relief based on fairness and need.
Yes, but the court will consider:
- Whether the overseas settlement was adequate
- Whether there has been injustice or unfairness
- The extent to which financial provision has already been made
There is no strict statutory time limit. However, delays can negatively impact your application, so it is advisable to seek legal advice as soon as possible.
The court will assess several factors, including:
- The connection of the parties to England and Wales
- Financial needs, obligations, and resources of both parties
- Any financial benefit received overseas
- The interests of any children
- Whether England is the most appropriate forum
England and Wales are often considered a favourable jurisdiction due to their discretionary approach and emphasis on fairness. This can result in more generous financial outcomes compared to some other countries.
Yes, provided the court has jurisdiction and there is a sufficient connection to England and Wales. The court can still make orders affecting assets located within its jurisdiction.
The documents may vary depending on the applicant's circumstances. Typical documents may include:
- Overseas divorce certificate
- Evidence of finances (income, assets, liabilities)
- Details of any previous financial settlement
- Proof of connection to England and Wales
The duration varies depending on complexity, but cases can take several months to over a year, particularly if contested.
In practice, an application for financial relief after overseas divorce or dissolution of civil partnership is most likely to become a viable way to proceed in cases where the foreign divorce or dissolution of civil partnership was in a jurisdiction where the courts:
- do not have jurisdiction over foreign property;
- have no, or underdeveloped, mechanisms to force financial disclosure;
- demonstrate favouritism towards nationals over expat spouses;
- have no mechanism to share pensions;
- demonstrate favouritism towards those of one religion over another; or
- have no or underdeveloped mechanisms to enforce agreements and orders.
The application for permission must be supported by a very detailed personal statement. Such a supporting statement of the Applicant should meticulously address:
- the background of the case,
- why both the marriage and the foreign divorce are entitled to be recognised as valid in England & Wales; and
- how the jurisdictional requirements are satisfied.
The statement should demonstrate that the merits tests set out in the legislation and case law have been met. Where available, very full documentary evidence should be exhibited to the statement. The statement in support of the application is also a good opportunity to discuss in detail the overall merits of the case beyond the application for permission.
The court must take into account the financial benefit that has been, or is likely to be, received in the foreign jurisdiction, and if the applicant has the right to apply for relief, and the reason why that right has not been exercised. These factors cannot be properly addressed without evidence of the law of the foreign jurisdiction. The applicant should therefore consider obtaining a short expert report from a specialist in the relevant jurisdiction to be attached to their statement in support of their application for permission.
Part III of the Matrimonial and Family Proceedings Act 1984 allows the English courts to make financial orders after an overseas divorce or dissolution, where there is a substantial connection to England and Wales.
To apply for a divorce financial settlement in England after an overseas divorce, you must meet certain jurisdictional requirements. You may qualify if:
- Either you or your former spouse/civil partner is domiciled in England and Wales;
- Either party has been habitually resident in England and Wales for at least 12 months;
- You have an interest in a matrimonial home in England and Wales; or
- Other limited jurisdictional criteria apply.
Both the marriage and the foreign divorce must also be legally recognised in England and Wales.
Applying for financial relief after an overseas divorce involves a two-stage process:
Permission Stage (Leave to Apply)
- You must first obtain the court’s permission to bring a claim.
- The court will check whether your case has “substantial” grounds, as explained in the leading case of Agbaje v Agbaje [2010].
- Factors such as your connection to England, the foreign settlement, and the availability of assets will be considered.
Financial Settlement Proceedings
- If permission is granted, your case proceeds like any other divorce financial settlement case in England.
- This involves financial disclosure (Form E), a First Directions Appointment (FDA), a Financial Dispute Resolution (FDR) hearing to encourage settlement, and, potentially, a final hearing in which the judge decides how assets should be divided.
While not mandatory, instructing specialist solicitors—such as Premium Solicitors—significantly improves your chances of success due to the technical legal requirements and jurisdictional complexities involved.
Yes. Premium Solicitors provide expert legal advice and representation in:
- Applications under Part III of the Matrimonial and Family Proceedings Act 1984
- Complex international divorce financial claims
- High-value asset division and maintenance claims
You can:
- Book an online appointment via the website
- Call 0044 20 3930 3900
- Email your enquiry to info@premiumsolicitors.co.uk