Getting divorced abroad and financial claims in England
If I am getting divorced abroad, can I still make financial claims in England?
In some circumstances, it is possible to bring a financial claim in England if you got divorced abroad (including where the court abroad made a financial order). The former spouse who wishes to make such an application first has to apply to the court for permission to bring their application, which is a filter against applications which have no real prospect of success.
The purpose of this law is so that the English court can address inadequate financial provision made by a court abroad where one or both spouses has a substantial connection with England. The English court will only make an order like this if it thinks it is necessary, not simply because it would have made a different order if it had heard the divorce.
In terms of the connections that one or both spouses need to England to bring such a claim, it must be the case that either spouse is domiciled in England (i.e. considers England to be their ultimate 'permanent home'); or that either spouse has been habitually resident (i.e. had their centre of interests in) England for at least a year. The relevant date can be either the date of the foreign divorce or the date of the permission application in England.
It is also possible to bring a claim if either party had (at the date of the application) a home in England which was, at some time during the marriage, a matrimonial home but, if this was the only connection to England, the court would only have the power to deal with the value of the home. If the divorce took place abroad, it is also possible that there might be separate financial claims in favour of any children; and/or property claims if there are properties in England and Wales.
In these FAQs and answers, we use 'England' as a shorthand for 'England and Wales' because England and Wales share a single legal system. Scotland, meanwhile, is a different legal system and has different rules for many aspects of family law.
We have also chosen to talk about 'marriages' most of the time (which may be between either an opposite or same-sex couple). Unless we say otherwise, what we have said is also true of civil partnerships (which may also be between an opposite or same-sex couple).
These FAQs (and our website more generally) contain general information based on English law as it stands at the date of publication, but they do not constitute legal advice, nor are they tailored to any couple or family's particular circumstances. Whilst we endeavour to ensure it is accurate and up to date, website users should seek appropriate legal advice before taking or refraining from any action based on the content of the website. We would, of course, be willing to assist with this, and you can contact us here.
Any pricing information is similarly general. Our clients' relationship with us is governed by the terms of the engagement letter sent to them at the beginning of their instruction.
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