Getting a financial settlement after a divorce in another country

Most people think that if you get divorced in say the Philippines or Nigeria you have to accept whatever financial settlement you can get the family and divorce court to make in the country where the divorce proceedings were started. This can be extremely frustrating because you may know that if you had started divorce proceedings in England, in a situation where more than one country had jurisdiction to hear the divorce proceedings , you would have got a far bigger financial settlement.

The issue of financial settlements after a divorce in a foreign country is not an issue just for the ultra-wealthy or something that only troubles the high net worth divorcee. The top London divorce solicitors are advising many international families where there is potentially more than one court jurisdiction to start divorce proceedings in. Some divorcees think that the question is all a bit academic. The best London divorce solicitors would disagree. After all, a financial court order in the Philippines or Nigeria might result in a small cash payment, whereas if a financial settlement was awarded after court proceedings in England the financially weaker spouse might expect to receive enough cash to rehouse themselves as well as spousal maintenance payments.

How can OTS Solicitors help?  

OTS Solicitors family law and immigration law teams provide cohesive advice to international families, including advice on all types of court jurisdiction and the commencement of divorce and financial proceedings.

To discuss how the family law team at OTS Solicitors can help you with your separation, divorce or financial settlement please call us on 0203 959 9123 

Financial settlement after foreign divorce 

The top London divorce solicitors advise that in some limited cases the family court in England has the power to make a financial award after a foreign divorce. The authority to make a financial court order after divorce proceedings have been finalised abroad comes from a piece of legislation called Part III of the Matrimonial and Family Proceedings Act 1984.

https://www.otssolicitors.co.uk/services/divorce-and-family-law/divorce-and-separation/ say that this piece of legislation does not appear to be widely known by many international families with connections to the UK.

The legislation can help you if you have been divorced abroad but have a sufficient substantial connection with the UK that you can make an application to the English family court for a financial court order.

Applying for an order under Part III Matrimonial and Family Proceedings Act.

The top London divorce solicitors advise that if you want to make an application under then the application is a two-fold process:

1. You have to apply for permission to make the application under Part III of the Matrimonial and Family Proceedings Act 1984. As part of the permission application, the family court will assess and decide whether you have substantial grounds to make the application.

The top London divorce solicitors will tell you that when looking at whether or not you have substantial grounds to proceed with an application under Part III of the 1984 Act the English family court will look at a variety of factors. These factors include:

• Your connection to England;
• Your spouses or former spouse’s connection to England;
• The financial provision (if any was made ) during the foreign divorce proceedings ;
• The availability of property in England and Wales ;
• How likely it is that if an English order was made under Part III, it would be enforceable.

2. If you are successful at the preliminary hearing of your application under Part III and get permission to apply under the 1984 Act then you can proceed with an application for a financial court order.

The top London divorce solicitors advise that the financial court procedure is very similar to if you were making an application for a financial court order as part of English divorce proceedings e using a similar procedure to those divorced in England and Wales.

However, in a Part III application you may have already received a financial settlement in the foreign country that made the divorce order. The financial settlement awarded by the English court (if any) will take into account any foreign financial settlement when assessing what orders to make and how those orders will meet your needs.

In some international family situations, the English family court on an application under Part III of the Matrimonial and Family Proceedings Act 1984 could make an order that would be similar to an order that would have been made under the Matrimonial Causes Act 1973. The 1973 Matrimonial Causes Act is the piece of legislation used by the family court to decide how family assets and wealth are divided after divorce proceedings have taken place in England and Wales.

As the family court in England has wide powers to make a financial court order that it thinks achieves ‘’fairness’’ between a husband and wife the use of Part III of the Matrimonial and Family Proceedings Act 1984 can be a very useful tool for a top London divorce solicitor. Sometimes just the threat of making a Part III application will make a former husband or wife reconsider the foreign financial settlement and agree to make a more generous financial settlement, more in line with what might have been ordered by an English court.

The best London divorce solicitors are sometimes asked about Part III of the Matrimonial and Family Proceedings Act 1984 as there is a misconception that the English divorce  court will award a husband or wife half the assets in financial court proceedings . If an application is made either under the Matrimonial Causes Act 1973 or under Part III, the English divorce court will consider a range of statutory factors when deciding ion what the judge thinks is a ‘’fair ‘’ award. However, fairness does not necessarily have to result in equal division of assets as so much depends on other factors, such as the length of the marriage, the age of the husband and wife and their respective income, housing, capital and pension needs.

Whether an application under Part III is a worthwhile exercise will all depend on what, if any, financial settlement was made in the foreign country and how that award compares to what might be ordered by the English family court. The best London divorce solicitors say that if you are part of an international family it is sensible to get advice on the possibility of making an application under Part III of the Matrimonial and Family Proceedings Act 1984.

How can OTS Solicitors help?

For family law advice on financial settlements after a divorce in another country, please contact the family law team at London based OTS Solicitors to discuss your options. The family law team will be happy to talk to you about your options and how we can help you. Please call us on 0203 959 9123 to discuss your situation with an experienced family law solicitor.