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Divorced abroad – can I still make a claim here in England?

27.06.2018 / Kerstin Beyer

If you got divorced abroad, then usually the financial claims that both of you have against each other will be dealt with abroad too.

However, sometimes that is not be possible. For example, if your husband owns a property in England or if he has a valuable pension in England then it is often difficult if not impossible for a foreign court to make orders in relation to those particular assets. It is also possible that the provision abroad is inadequate, say if both of you got divorced in a country whose laws are not similar to English law at all.

For cases like that there is an Act under English law called the Matrimonial and Family Proceedings Act 1984. This Act allows people to issue an application for financial relief following an overseas divorce. However, an application under this Act is meant to be the exception to the rule rather than the rule. People are not meant to have a „second bite of the cherry“. That does not mean though that it cannot be done.

We would need to obtain the permission of the court before we can issue a claim on your behalf. There are other conditions that apply, for example, that you must not be remarried.

Have we answered your questions? Please call Kerstin Beyer on 02079364644 to discuss your situation.

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Kerstin Beyer Principal Partner

    I’ve so appreciated your help in negotiating this clean break consent order. It’s such a relief knowing that proceedings are now over for good.

    from Financial Settlement Client
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