Financial Claims Following a Foreign Divorce - Part III

Home Services Family and Divorce Financial Arrangements Financial Claims Following a Foreign Divorce - Part III

Many of our clients have international lives, not confined to one jurisdiction. In some cases, clients have divorced overseas but feel that the financial provision made by that court was inadequate, and not what they would have received if they had divorced in England.

In these circumstances you may still be able to bring a claim for financial provision in the English courts under Part III of the Matrimonial and Family Proceedings Act 1984. This legislation is not a “second bite of the cherry” but it does allow the English Court to make an order for financial provision where no or inadequate financial provision has been made overseas.

A Part III claim can be a useful tool to prevent financial hardship and provide a returning spouse and children with financial support. In particular the law allows for consideration of provision of a home as well as a method of dividing pensions located in the UK.

These are complex, technical cases and are usually heard in the High Court but we have substantial experience in this area (both bringing and defending claims) and can advise you whether your circumstances would make you eligible to bring such a claim.

If you are not eligible, where there are minor children, an English Court can also make orders for their benefit, which can include the use of a home and a significantly more generous carer’s allowance for the parent with care. Again, we can advise you on how to pursue such a claim.

Trainee Solicitor

Eimear Sloan

Paralegal

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