Part III claims following an overseas divorce
These proceedings are governed by Part III of the Matrimonial and Family Proceedings Act 1984 whereby an individual may, under certain circumstances, bring a financial claim before the English Courts for a further financial award even if they have already been divorced in another jurisdiction.
Regrettably, some spouses have become divorced abroad without their knowledge, or, even if they were involved, they have received wholly inadequate financial provision. The English Courts can assist under specific circumstances in such situations. This will give some hope to those who have had an unfair and unjust settlement in a different jurisdiction.
In order for you to even begin commencing such proceedings, either you or your former spouse must have been domiciled in England and Wales at the time of the foreign divorce or at the time of the application, or, one of you must have been habitually resident in England and Wales for 12 months at the time of the foreign divorce or at the time of the application or, one of you must have an interest in a dwelling house in England and Wales which had been a matrimonial home.
The Court will not automatically grant such an application so ‘leave’ is initially required to start a case. Matters of this nature are initiated at the High Court and require careful analysis. Sears Tooth have dealt with many cases in this area and are expert in deciding on how to manage a case to the best of your advantage. Please get in touch with us if you feel you have been inadequately provided for following your divorce overseas and we will be able to steer you in the right direction. Alternatively, if you are the respondent in such proceedings, we are able to assist you and guide you in how to best to control the situation.