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Financial Provision after a Foreign Divorce

Applying to the English court

If you and your husband or wife have divorced outside of England and Wales it may be possible for you to apply to the English court for a financial order to be made here.

Whether you will be entitled to bring an application, and the level of award that you might receive, will depend on the individual circumstances of your case.

In some cases the court may make orders as though the divorce itself took place in England. In other cases the courts may just make orders in relation to specific English assets, such as a property or a pension.

Some of the factors that the court take into account are:

  • The level of connection that you have to England and Wales
  • The country in which the divorce took place
  • The financial outcome of the foreign divorce proceedings
  • The extent to which that financial order has been complied with

Whatever your personal circumstances, we can advise you whether you may be entitled to apply for a financial order to be made in an English court.

 

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Guidance

iGuide: Financial Orders - Considerations for the Court

The family court has wide powers to make financial orders. Here is our iGuide setting out the types of issues that the court will take into account when making a financial order.

iGuide: Recognition of Foreign Divorce

If you were married outside of England and Wales it is important to know whether your marriage will be recognised here. This iGuide explains the requirements for a marriage to be recognised here.

iGuide: Enforcing Foreign Financial Orders in England

The enforcement of orders made abroad in England is a complex area. Here is our iGuide to the process.

Podcast: Family Cases with an International Dimension

David Hodson speaks on family cases with an international dimension. For a lawyer dealing primarily with purely national cases, it can be rather a shock when a case arrives with an international element. What should the practitioner be alert to and what issues should be looked at?

The Family Law Show: Programme 3 - Recognition of Foreign Marriages and Divorces

Lucy Loizou talks with Hannah Budd about the recognition of foreign marriages and divorces and whether you can claim further financial provision in the event that you have been divorced abroad and feel that you have received an unfair financial outcome

Will I be left penniless after my divorce?

This article looks at what factors are taken into account when a divorcing couple has to separate their financial assets and also considers what the split will be and how that split is calculated.

Have you been divorced abroad? English Financial Settlements after a Foreign Divorce

Even though there has been a divorce abroad the English Family Court has discretion to make a financial order against a former husband or wife. This can overcome financial hardship when the divorce courts of the other country made an inadequate financial settlement.

Pensions with an international element

Pensions within family law is a complex topic. When there is also an international element, the subject can become exceedingly complex. The issue may arise when there are English proceedings with a foreign pension, foreign proceedings with an English pension and in decisions taken about appropriate forum for the proceedings. The issue may arise before the final order and settlement is made or on implementation and enforcement. This article was published in the Family Law Journal (Legalese).