Financial Claims After Overseas Divorce

Who Can Apply Under Part III of the 1984 Act

Part III of the Matrimonial and Family Proceedings Act 1984 applies where a marriage has been dissolved or annulled, or the parties legally separated, by proceedings in a country outside the British Islands, and that divorce, annulment or legal separation is entitled to be recognised as valid in England and Wales. Either party may then apply to the family court or the High Court for an order for financial relief.

Recognition comes first. Under Part II of the Family Law Act 1986 a divorce obtained by proceedings abroad is recognised if it is effective where it was obtained and, when the proceedings began, either spouse was habitually resident or domiciled there or a national of that country. Our page on recognition of an overseas divorce covers the tests and the grounds for refusal.

There is one firm bar. Under section 12(2) and (3), a party who has formed a subsequent marriage or civil partnership after the overseas divorce or annulment cannot apply, even if the later union is void or voidable. The bar applies to the person who remarried, not to a former spouse who stayed single.

Civil partners have the same route under Schedule 7 to the Civil Partnership Act 2004, with the same permission requirement and the same bar.

What the Court Can Order

Section 17 allows the court to make any order it could make under Part II of the Matrimonial Causes Act 1973 on a divorce here: periodical payments and lump sums under section 23(1), and property transfers and settlements under section 24(1). Where the marriage has been dissolved or annulled it may also make a pension sharing or pension compensation sharing order, and it may order a sale of property under section 24A.

Where you or a child of the family are in immediate need, section 14 allows an interim order for maintenance once permission has been granted, running until the main application is decided. Our pages on spousal maintenance and pensions on divorce explain how those orders are assessed.

Section 18 directs the court to all the circumstances, with first consideration to the welfare of any child of the family under eighteen, and to the same section 25(2) factors that apply to a divorce here. Where a court abroad has already ordered payments or a transfer of property, the court must consider how far that order has been complied with.

Permission and the Jurisdiction Test

No application can be made without the leave, or permission, of the court, and section 13(1) says the court shall not grant it unless it considers that there is substantial ground for the making of an application. In Agbaje v Akinnoye-Agbaje [2010] UKSC 13 the Supreme Court said that substantial means solid, and that hardship, injustice and exceptional circumstances are not preconditions. Permission can be granted even though a court abroad has already ordered your former spouse to pay or transfer property to you.

The court can only hear the application if one of the jurisdiction grounds in section 15(1) is met:

• either of you was domiciled in England and Wales on the date of the permission application or on the date the overseas divorce took effect
• either of you was habitually resident in England and Wales throughout the year ending with either of those dates
• either or both of you had, at the date of the permission application, a beneficial interest in possession in a dwelling-house here that was at some time a matrimonial home

The third ground carries limits. Where the former matrimonial home is the only link, section 20 restricts the court to lump sum orders and orders dealing with the interest in that house, any lump sum is capped at the value of the paying party's interest, and section 14(2) rules out interim maintenance. Where a maintenance claim falls under Article 18 of the 2007 Hague Convention on family maintenance, section 15(1A) limits the court's power to hear it.

Appropriate Venue, Evidence and Common Problems

Even with permission and a jurisdiction ground, section 16(1) requires the court, before making an order, to consider whether in all the circumstances it would be appropriate for a court in England and Wales to make it, and to dismiss the application if not satisfied. Section 16(2) lists the matters the court must consider in particular:

• your and your former spouse's connection with England and Wales
• your connection with the country where the divorce was obtained
• your connection with any other country
• any financial benefit you or a child has received, or is likely to receive, under an agreement or the law of another country
• what any overseas order gave you and how far it has been, or is likely to be, complied with
• any right you have, or had, to apply for financial relief abroad and, if you did not use it, why not
• the availability of property here that an order could be made against
• how far an order made here is likely to be enforceable
• the length of time since the divorce, annulment or legal separation

Agbaje also settled two points that pull in opposite directions: there is no rule limiting an award to the minimum needed to remedy injustice, but Part III is not there to give a simple top-up of a foreign award to English levels. The connection with England and Wales is the key: where it is strong the court may treat the case much as it would a divorce here, and where it is weaker the award may be more limited. The Act sets no time limit, but delay can count against you.

The evidence starts with the overseas decree and a certified translation, proof of the facts that make it recognisable here, and proof of the domicile, residence or property interest relied on. The written evidence should address each section 16 factor, including any overseas order and what has been paid under it. Assets abroad are covered on our page on divorce with overseas assets, and concealed resources on hidden assets and non-disclosure.

How a Part III Application Works

1. We confirm that the overseas divorce is recognised here, that the remarriage bar does not apply, which section 15 ground gives jurisdiction and how much time has passed.
2. We prepare the permission application on Form D50E, with written evidence on the section 16 factors. Under rules 8.24 and 8.25 of the Family Procedure Rules 2010 the Part 18 procedure applies and the application is made and decided without notice to the respondent unless the court directs otherwise. The fee is in the EX50 civil and family court fees list, and help with fees may be available on a low income.
3. If permission is granted, the order and evidence are served on your former spouse, who may apply to set it aside within 7 days of service under rules 18.10 and 18.11. In Potanina v Potanin [2024] UKSC 3 the Supreme Court held that the court then decides afresh, after hearing both sides, whether the section 13 test is met.
4. Where there is a real risk that assets will be moved, we apply under section 23 to restrain a disposal or a transfer out of the jurisdiction, or to set aside a disposition made to defeat the claim; section 24 allows a restraining order before permission where you intend to apply once you have been habitually resident here for a year. Interim maintenance is sought at the same time if there is immediate need.
5. The claim then follows the same path as financial remedy proceedings after a divorce here: Form E disclosure, a first appointment, a financial dispute resolution appointment and, if needed, a final hearing.
6. Where terms are agreed, section 19 allows the court to make a consent order on the prescribed information alone, unless it has reason to inquire further. We then deal with enforcing the financial order here or, where the assets sit abroad, through the procedures of that country.

When Legal Advice Is Especially Important

Advice matters most where:

• the one-year habitual residence ground turns on the timing of the application
• the only link is a former matrimonial home here, because section 20 limits what the court can do
• you are the respondent and have been served with a grant of permission, since the 7-day window to apply to set it aside is short
• your former spouse is about to sell, transfer or move property, when a section 23 or section 24 order or a freezing order may be needed
• the divorce abroad is not yet final, in which case the questions are about jurisdiction and forum disputes or an international divorce here, not Part III
• your permission to stay in the UK depended on the marriage, where our family immigration pages explain the options

How RakLAW Solicitors Can Help

Our family solicitors act for applicants and respondents in Part III claims from 42 Shad Thames in Southwark, a short walk from Tower Bridge, as part of our international family law work. The firm was founded by solicitor Rakesh Prajapati.

We say at the outset whether the route looks open and which jurisdiction ground applies. RakLAW Solicitors is privately funded and does not offer legal aid; our family law fees page explains how we charge. To start, book a free 15-minute consultation or call 0203 345 2000.