If you have gone through a divorce outside the UK, you may be wondering whether you can still make a financial claim in England or Wales.
In some cases, financial settlements reached in other countries may not provide adequate financial relief, or they may not recognise your full entitlement to assets or maintenance.
Fortunately, under Part III of the Matrimonial and Family Proceedings Act 1984, you may be able to make a financial claim in the UK even after an overseas divorce.
In this article, we explain how financial claims after a foreign divorce work, who is eligible, and how you can schedule a complimentary 30-minute consultation with fixed-fee divorce solicitors in London.
Can you make a financial claim in the UK after a foreign divorce?
Yes, but only under certain circumstances. The UK courts allow financial claims after an overseas divorce if the financial settlement from the foreign divorce was inadequate or if financial needs were not met.
To be eligible, you must satisfy three key conditions:
- Your foreign divorce must be legally recognised in the UK – If your divorce was granted in accordance with the laws of the country in which it took place, the UK courts will usually accept its validity.
- You must not have remarried – If you have remarried, you will no longer be eligible to apply under Part III.
- You must have a sufficient connection to England or Wales – This connection can be established in several ways (explained below).
How can you establish a connection to the UK?
To bring a financial claim in the UK, you must demonstrate a strong link to England or Wales. This can be shown by meeting one of the following criteria:
- Domicile – Either you or your former spouse must have considered England your permanent home at the time of the divorce or at the time of applying for financial relief.
- Habitual residence – You or your former spouse must have lived in England or Wales for at least 12 months before the foreign divorce was finalised or before applying for financial relief.
- Property interest – If you or your former spouse have an interest in property in England that was used as a marital home, you may be able to make a claim (though claims will be limited to the value of that property).
Applying for financial relief after a foreign divorce
If you meet the eligibility criteria, you can apply for financial relief under Part III of the Matrimonial and Family Proceedings Act 1984. The process consists of two stages:
1. Applying for permission (leave to apply)
Before making a full financial claim, you must first seek permission from the court to apply. This is known as applying for ‘leave’. This step ensures that only genuine cases proceed, preventing unmeritorious claims.
When considering your application, the court will assess:
- The strength of your connection to England.
- The financial provision (if any) made in the foreign divorce.
- The availability of assets in the UK that could be included in a financial order.
- The likelihood of enforcing any order made in the UK.
The threshold for granting leave is not high, but it requires more than just having a ‘good arguable case.’
2. Making a financial claim
Once leave is granted, your case proceeds as if you were applying for a financial remedy order in a standard UK divorce case. You can seek financial provision such as:
- Lump-sum payments
- Property transfer orders
- Spousal maintenance
- Pension sharing orders
How has Brexit affected financial claims after a foreign divorce?
Following Brexit, there have been two key changes to financial claims after an overseas divorce:
- Loss of EU maintenance regulation – Before Brexit, individuals could rely on the forum of necessity rule, which allowed UK courts to make maintenance orders if no other EU country had jurisdiction. Post-Brexit, financial claims in England can only proceed if one spouse is domiciled or habitually resident in the UK.
- Greater flexibility for UK courts – Previously, EU rules restricted the ability to bring a financial claim in the UK if another EU country had already made a maintenance decision. Now, UK courts have more authority to consider financial relief applications, even if an EU country has already made an order.
The role of no-fault divorce in financial claims
Since the introduction of no-fault divorce in the UK, couples can now divorce without assigning blame. While this reform simplifies the divorce process, it does not automatically grant financial relief to those who have divorced abroad.
If a financial settlement was not adequately addressed in your foreign divorce, you may still need to apply for financial relief under Part III of the Matrimonial and Family Proceedings Act 1984 to ensure a fair outcome.
Why make a financial claim in the UK?
Applying for financial relief in the UK can be beneficial in several situations, including:
- When the foreign divorce settlement was unfair – Some countries do not allow financial claims against offshore assets, which could leave one spouse without a fair settlement.
- To obtain a pension-sharing order – Foreign pension-sharing orders are not recognised against UK pension funds, so applying for financial relief in the UK may be necessary.
- To enforce property claims – If assets remain in the UK, you may be able to claim a share of them even if your foreign divorce did not include them.
Get expert legal support for financial claims
Financial claims after a foreign divorce can be complex, requiring specialist legal guidance. At Osbourne Pinner Solicitors, we have extensive experience in international divorce and financial settlements. Need our help? Get in touch with our divorce solicitors in Harrow, Canary Wharf or Piccadilly Circus.
We offer a free 30-minute consultation to assess your case and discuss your options. Contact us today via the form below, call 0203 983 5080, or email [email protected] to speak with one of our expert divorce solicitors.
