Financial Settlement After an Overseas Divorce - Fixed Fees

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 under-developed, 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 under-developed mechanisms to enforce agreements and orders.

Yes. If your divorce or civil partnership dissolution took place abroad and you received no, or an inadequate, financial settlement, you may apply under Part III of the Matrimonial and Family Proceedings Act 1984 for financial relief in England.

Part III of the Matrimonial and Family Proceedings Act 1984 (“Part III”) allows a person who has been divorced abroad to apply for financial relief in England after an overseas divorce. The purpose of the legislation, known as Part III of the Matrimonial and Family Proceedings Act 1984 (“Part III”) is to alleviate the adverse consequences of no, or no adequate, financial provision made on divorce by a foreign court in a situation where the parties had substantial connections with England.

The application for permission must be supported by a very detailed personal statement in support of the Application. Such supporting statement of the Applicant should meticulously address:

• the background of the case,
• why both the marriage and the foreign divorce is 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 reason why that right has not been exercised. These factors cannot properly be addressed without evidence as to 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.

If you have already been divorced abroad and obtained no financial settlement or the financial settlement made in the other country was inadequate, you may be able to apply to the English Court for a financial settlement order against your former spouse. 

The English family courts have the ability to grant divorce financial provision even though a divorce may have been previously pronounced abroad and financial provision already made. The purpose of the legislation, known as Part III of the Matrimonial and Family Proceedings Act 1984 (“Part III”) is to alleviate the adverse consequences of no, or no adequate, financial provision made on divorce by a foreign court in a situation where the parties had substantial connections with England.

There are still some appalling injustices in some countries abroad which is where the English legislation helps to redress some of these cases. It is an opportunity for fairness and justice for some international families. Part III proceedings can also usefully be used where the law of the country where the divorce occurred does not allow orders to be made in respect of offshore property. It can also be used to obtain a pension sharing order in respect of an English pension in circumstances where other issues are dealt with in the foreign divorce and a foreign divorce pension sharing order will have no validity for the English pension company.

However, it is not for England to act as a court of appeal of other countries with similar approaches to England. Neither is it an opportunity to have two ‘bites of the cherry’.

Where the connection with England is strong, it may be appropriate for there to be such provision as would have been made had the divorce been in England. Where the connection is not so strong and there has already been adequate provision, it will not be appropriate for Part III to be used as a simple "top up".

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.

Yes. The process has two stages:

• Permission stage – You must first obtain the Court’s leave to apply.
• Application stage – If permission is granted, your case proceeds to a full financial settlement process.

The Court will look at:

• Your connection to England and Wales;
• The financial provision received abroad (if any);
• Assets available in England;
• The welfare and needs of any children;
• The fairness of the overall outcome.

The Court can consider a wide range of assets, including:

• Matrimonial home and other properties;
• Pensions;
• Business assets;
• Overseas property;
• Trusts, inheritance, and insurance policies.

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 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 where the judge decides how assets should be divided.