Financial provision after overseas divorce

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Jurisdiction and legislative provisions

Under MFPA 1984, Pt III spouses who have been divorced overseas, and who have a connection with England and Wales, may access the available remedies in this jurisdiction to alleviate the adverse consequences of no, or no adequate, financial provision being made by a foreign court. Mirror provisions apply in relation to dissolution of an overseas civil partnership (or its equivalent) by virtue of Schedule 7 to the Civil Partnership Act 2004 (CPA 2004).

MFPA 1984, Pt III/CPA 2004, Sch 7 provides for an application for financial relief where:

  1. •

    a marriage/civil partnership has been dissolved or annulled, or the parties have been legally separated, by means of judicial or other proceedings in an overseas country, and

  2. •

    the divorce/dissolution, annulment or legal separation is recognised as valid in England and Wales

An applicant must fulfil criteria regarding habitual residence and/or domicile. The jurisdictional provisions of the EU Maintenance Regulation—Council Regulation (EC) No 4/2009 are no ...

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