Financial Claims after a Foreign Divorce

What is the Act under which you can claim?

Part III of the Matrimonial and Family Proceedings Act 1984 governs the bringing of financial claims after a foreign divorce and are subsequently known as “Part III” claims.

The criteria

To pursue a financial claim in the United Kingdom you must satisfy certain criteria. Firstly, you divorce must be recognised in the United Kingdom as 'legally valid'. If your divorce was obtained legally in your native country then it will be accepted in the United Kingdom.

You also must not have remarried since your divorce and should have sufficient connection with England or Wales to further your application for a financial claim.

What is a sufficient connection with England or Wales?

You can show that you have sufficient connection with England via one of the following:

1. You or your former spouse must have been domiciled in England or Wales at the time of the foreign divorce or at the time of the application; or
2. You or your former spouse must have been habitually resident in England or Wales for 12 months before the date on which the foreign divorce took effect or for 12 months before the date of the application; or
3. You or your former spouse must have an interest in a property here that had been a matrimonial home The interest can be a beneficial interest, so your name does not necessarily need to be on the legal title

Applying for permission

Prior to commencing with the application for a financial settlement, you will be required to apply for 'leave'. Such applications are made without prior notice to the other spouse.

In determining whether to grant you leave, the court will consider:

1. The connection you and your spouse have with England
2. The connection you have with the country in which the marriage was dissolved or annulled or in which you were legally separated
3. The connection you have with any other country
4. Any financial benefit which you or a child of the family has received, or is likely to receive, in a different country
5. The financial provision awarded by the country where the divorce took place and the extent to which the order has been complied with or is likely to be complied with
6. Any right which you must apply for financial relief from your spouse under the law of any other country
7. The availability in England of any property in respect of which an order could be made
8. The extent to which any order made under the Act is likely to be enforceable
9. The length of time which has elapsed since the date of the divorce, annulment or legal separation

Once the court has granted you leave, you will then be free to move on to the second stage of the process. This is to issue your substantive application for financial relief. The application proceeds in much the same way as if you were applying for a financial remedy order following a divorce in England.

What orders can the court make?

The court can make similar orders to those on an English divorce; transfer or sale of property, lump sums, maintenance for you and for children and pension sharing orders. It can also make injunctions restraining dispositions of assets and / or set aside a transfer of assets made with the intention of defeating the other spouse's claim for financial relief.

Why choose Westridge Legal?

We work with you to ensure you understand the financial claims process and feel comfortable with every decision. It's important to work with experts whom you trust, and who have the knowledge and experience to secure you the best possible result.

Our team of family lawyers are aware of the sensitivity and complexity involved in such matters. We understand that every individual requires different care and are here to support you every step of the way to ensure that the best outcome is achieved with minimal disruption to your life.

If you wish to speak about your options directly with our specialist staff, please contact us on 0121 724 0302 to book a consultation today.