Financial provision following an overseas divorce

Can I get a financial settlement in England and Wales even though I have divorced abroad?

Yes – you may be able to. For some families, living across borders is the norm, with their lives not necessarily confined to one jurisdiction. 

Generally, the marital finances are dealt with in the country where you get divorced but if they haven’t been or you did not receive a fair settlement and you have connections to England and Wales or assets based here then you may be able to make a claim for financial provision in the English family courts provided certain conditions are met. 

Any claim for financial settlement following an overseas divorce should be made under Part III of the Matrimonial and Family Proceedings Act 1984.  This sets out the requirements in order for an application to be made in England and Wales.  The foreign divorce must be recognised in England and you must demonstrate that either you or your former spouse live here or have assets in England and Wales e.g. a property which used to be your Family Home during the marriage or a pension whilst your former spouse worked in England.

The application is a two stage process with it first being necessary to apply for permission from the Court to make the application which the Court will grant if it considers there to be a substantial ground for making the application. 

The Court will try to meet your reasonable needs and the welfare of any children you have will be a primary consideration.  It has a very broad discretion when considering appropriate financial provision and can order your former spouse to pay you a lump sum, require pensions to be shared or property to be sold or transferred.     

What if I already have a financial settlement from the country where I got divorced?  This would not prevent a claim but the Court will consider any financial benefit you have already received and whether any foreign order was complied with.  There may be instances where there are assets e.g. pensions in England that the foreign courts were unable to deal with. 

The Court will consider the connection you have with England and Wales versus the connection you have with the country in which you got divorced.  Where your connection to England and Wales is strong, it will be more appropriate to approach your case as if it were an English divorce.  Where the connection is not so strong and there has already been adequate financial provision made by the foreign Court, it would not be appropriate to use this legislation as a “top up” or to have another bite of the cherry. 

Prevention is always better than cure so if you are contemplating divorce and have links to England and Wales then it is always advisable to seek independent legal advice from a family law specialist based in England and Wales to consider your options.

If you have already divorced overseas and the settlement is insufficient to meet your needs or if there are assets based in England and Wales that have not been dealt with then please do not hesitate to get in touch to see how we might be able to assist you  These applications can play an important role in ensuring that a fair financial resolution is achieved.