Making the application for financial provision after an overseas divorce

Under Part III of the Matrimonial and Family Proceedings Act 1984, individuals who have divorced abroad may apply for financial remedies in the English courts -provided they have a significant connection to England or Wales. This also applies to the dissolution of civil partnerships.

This legal route is designed to address situations where a foreign court has made no financial provision or insufficient provision following a divorce.

When Should You Apply?

Applications should be made promptly after the foreign divorce is finalised. While these claims are relatively rare, they are becoming more common due to the increasingly international nature of modern relationships.

The English courts are cautious not to offer a “second bite of the cherry” to those dissatisfied with foreign settlements. However, where there is a strong connection to England, the court may intervene to ensure fairness.

Making a Part III claim involves a two-stage process.

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The two-stage process for a Part III claim

Stage 1: Permission to apply

The first step is to seek permission from the English Court to bring such a claim. This is known as applying for leave and is generally without notice to the other party, so it is not necessary to inform them of the application.

The court will consider several factors before granting permission, including: 

• The connection the parties have with England and Wales  

• The connection the parties have with the country where the divorce took place  

• The connection the parties have with any other country  

• The financial benefit that has already been received, or any right to apply for financial relief elsewhere  

• The extent to which any order made is likely to be enforceable  

• The length of time that has elapsed since the date of the divorce

This stage acts as a filter to eliminate weak claims from proceeding. The court will only grant permission if there is a substantial basis for making the application. 

Stage 2: Substantive application

If permission is granted, the process proceeds to the substantive stage, where the court will consider the full merits of the claim.

 This stage is similar to an application for financial remedies following an English divorce. The court will assess the strength of the parties’ connection to England. If the connection is strong, the court may consider granting an order comparable to what would have been provided in an English divorce, although this is not guaranteed. If the connection is weaker, the award is likely to be lower. The court might also penalise the applicant for any significant delay in bringing the application.

Type of financial orders the court can make

If successful, the court will aim to meet the reasonable needs of the applicant wherever possible and can order the financial provisions on the same principles as those that are available where the divorce is applied for in this country, for example:  

• The sale or transfer of property;  

• A lump sum payment;  

• Maintenance payments;  

• A pension sharing order (if the pension is in this country).