I'm already divorced but my spouse is trying to reopen the case in England, what should I do?

Unlike many other countries, England allows people to apply for financial remedies even if they are already divorced in another country. Often spouses will use this power under Part III of the Matrimonial and Family Proceedings Act to try to re-open the case and obtain a greater financial settlement. This provision is intended for individuals with a substantial connection to England and Wales, and similar provisions apply to the dissolution of a civil partnership.

It’s worth noting that Part III applications are relatively rare, as the English court is careful to avoid being seen as providing a "second bite of the cherry" to those dissatisfied with their foreign settlements.  It is only available where “no, or no adequate provision” has been made and is likely to be largely limited to what your spouse reasonably needs. However, due to the increasingly transnational nature of people’s lives, such applications are becoming more common than they used to be and the court has a broad discretion in the award it makes.

As international family lawyers, Vardags are used to making and resisting Part III applications. We will help you demonstrate that the existing award was fair and provides adequately for their needs. Where the court decides that additional provision is necessary, we will help you ensure that it is limited to what they actually need and prevent them from attacking your assets.

If you’re considering or going through a divorce, click below for a free initial consultation with one of our expert divorce solicitors.

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