Can I get financial provision in England and Wales after divorcing abroad?

Yes, it is possible for the English courts in certain situations to order financial provisions where spouses have divorced abroad, but one party received no, or little, financial provision. This is achieved via Part III of the Matrimonial and Family Proceedings Act 1984. 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.

When can you apply?

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.  

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 lived that many people are now living, such applications are appearing more frequently than in the past.  

If you are seeking a new financial order after an overseas divorce, Vardags can help. Click below for a free initial consultation with one of our expert divorce solicitors.   

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Is a Part III claim an automatic right?

No, the process is discretionary, and this is why it is necessary to get permission from the courts in this country to make an application.  The purpose of these provisions is to achieve fairness, given that the courts of some countries do not have the same powers as the courts of England and Wales. For instance, Part III claims are particularly useful where a foreign court:  

• Tends to favour nationals over foreigners, one religion over another, or a husband over a wife  

• Has insufficient mechanisms to force financial disclosure, or enforce orders  

• Does not have jurisdiction over assets located abroad  

• Does not have the ability to order a sharing of pensions  

Foreign pension sharing orders have no validity against English pensions, and a Part III application would be necessary to share an English pension. These applications are commonly made by consent.  

Who can apply?

To make a Part III application, the potential applicant must have been granted a divorce, legal separation or annulment outside the United Kingdom, Channel Islands or Isle of Man and this must recognised as valid in England. In general, a divorce is considered valid if it was legal in the country in which it was obtained, but expert evidence from the relevant jurisdiction should be sought.

Further, the applicant must not have remarried, and they must also have a “sufficient connection” with England, which can be demonstrated in one of three ways:

• At the time of the foreign divorce, or at the time of the application, either spouse was domiciled in England
• Either spouse was habitually resident in England for 12 months before the date on which the foreign divorce took effect, or for 12 months before the date of the application
• Either spouse have a beneficial interest (you do not need to be on the legal title) in a property in England which was, at some point, the matrimonial home.

If an individual relies on having a beneficial interest in a property located in England, that claim will be limited to the property’s value and a maintenance order cannot be made.

To read about making the application, click here.T