London Solicitor Financial Matters flowing from Overseas Divorce
If you have obtained an overseas divorce, but financial matters flowing from that overseas divorce have yet to be concluded, you can apply for financial matters to be dealt with in a Court in this matters.
You will need to seek permission of the Courts of England and Wales to bring an application under the Matrimonial and Family Proceedings Act 1984.
Under Part III of the Matrimonial and Family Proceedings Act 1984 you will first need to show that:
- A marriage has been dissolved or annulled, or the parties to a marriage have been legally separated, by means of judicial or other proceedings in an overseas country; and
- The divorce, annulment or legal separation is recognised as valid in England and Wales.
Thereafter you will need to seek permission of the Court to make an application, and in doing so the Court will consider a range of factors as to whether an order should be made as set out in Section 16 of Part III of the Matrimonial and Family Proceedings Act 1984 which are:
- the connection the parties to the marriage have with England and Wales;
- any financial benefit which the applicant or a child of the family has received or is likely to receive, in consequence of the foreign decree, either by virtue of an agreement or by operation of law in any other country; and
- the length of time which has elapsed since the foreign decree was obtained.
- any financial benefit which the applicant or a child of the family has received, or is likely to receive, in a different country;
- the financial relief given by the country where the divorce took place and the extent to which the order has been complied with or is likely to be complied with;
- any right which the applicant has, to apply for financial relief from the other party under the law of any other country;
- the availability in England and Wales of any property in respect of which an order could be made;
- the extent to which any order made under this part of this Act is likely to be enforceable;
- the length of time which has elapsed since the date of the divorce, annulment or legal separation.
Should the Court grant permission, thereafter the procedure will be similar to that of an application for a financial Order flowing from a divorce in this jurisdiction.
The cost of being represented in an application to Court to deal with financial matters flowing from an overseas divorce is not insignificant, however, it is in your best interests to be legally represented in financial proceedings. Our London family solicitors can give you the best possible advice and will represent you robustly and fairly to achieve the best possible outcome. Please contact us to discuss your matter further and about fees.