Obtaining financial provision following an overseas divorce

Part III of the Matrimonial and Family Proceedings Act 1984 allows individuals to apply for financial remedies in the English Courts, even if they have been divorced in another country. This provision is intended for those who have a significant connection to England and Wales and mirror provisions apply in relation to the dissolution of a civil marriage. 

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To qualify, the application must be submitted promptly after the divorce is finalised abroad, in the foreign jurisdiction. The Act grants the court authority to issue financial orders when the overseas court either failed to make financial provisions or made provisions deemed insufficient. 

The court will only have jurisdiction to consider a claim if one of the following conditions is met: 

• One of the parties to the marriage was habitually resident in England and Wales for the entire year leading up to the date of the application; or 

• One of the parties was domiciled in England and Wales on the date of the application; or 

• One of the parties has an interest in a property located in England or Wales, which at some point during the marriage served as the matrimonial home. 

The court will assess the extent of the parties’ connections to England and Wales, as well as their ties to the overseas jurisdiction where the divorce was granted. It will also consider any financial provision made by the foreign court and evaluate whether any order made is likely to be enforceable. 

It is important to note that these applications are relatively uncommon, as the English court is cautious about being perceived as offering a "second bite of the cherry" to those unhappy with their foreign settlements. However, given the transnational lives that many people are now living, such applications are appearing more frequently than in the past.