What was the case?
Mira acted on behalf of an ex-wife who finalised a divorce and related financial matters in Singapore, followed by the ex-husband then bringing a claim for financial relief after an overseas divorce in the UK.
What happened and how did we help?
Mira helped by advising the ex-wife on whether the ex-husband had permission (and met the criteria) to bring a claim. Part III of the Matrimonial and Family Proceedings Act 1984 (the Act) governs the bringing of claims for financial provision after a foreign divorce, and are often referred to as “Part III” claims.
These can be brought when a party may have received no financial provision following an overseas divorce, or perhaps not enough to meet your needs. By applying to the courts in England and Wales, you may seek redress where the foreign courts have fallen short.
In this case, Mira first had to consider whether the ex-husband had jurisdiction to bring a claim. He needed to show that either (or both) of them:
- were domiciled in England and Wales on the date of the application
- were habitually resident in England and Wales throughout the defined period
- had a beneficial interest in possession of a dwelling-house situated in England or Wales, which was at some time a matrimonial home.
The law states that if the party bringing the claim has remarried, they are barred from making a Part III application.
Before making an order for financial relief in the courts in England and Wales, it must also consider whether in all the circumstances of the case it would be appropriate for such an order to be made by a court here; if the court is not satisfied that it would be appropriate, they will dismiss the application.
The court will particularly consider the following, regarding the connection the parties to the marriage have to England and Wales, and:
- the connection which the parties to the marriage have with England and Wales;
- the connection which the parties have with the country in which the marriage was dissolved or annulled or in which they were legally separated; or
- the connection which the parties have with any other country outside England and Wales;
- any financial benefit which the applicant or a child of the family has received, or is likely to receive, as a result of the divorce outside England and Wales;
- the financial provision awarded by the country where the divorce took place and the extent to which the order has been (or is likely to be) complied with;
- any right which the applicant has, or has had, to apply for financial relief from the other party to the marriage under the law of any country outside England and Wales – and if they have not exercised that right, why not;
- the availability in England and Wales of any property where an order under the Act in favour of the applicant could be made;
- the extent to which any order made under the Act is likely to be enforceable;
- the length of time which has elapsed since the date of the divorce, annulment or legal separation.
Under the Act, the court can order a transfer or sale of property; lump sums; maintenance for you and for children; and pension sharing orders. The court can also make injunctions to limit the disposal of assets and/or set aside a transfer of assets made with the intention of defeating the other spouse’s claim for financial relief.
