Hayley Trim's Analysis: Conventional Impediments in Part III Claims

The Supreme Court decision in Agbaje v Agbaje [2010] UKSC 13 highlighted the increased potential for bringing a claim for financial relief following a foreign divorce under Part III Matrimonial and Family Proceedings Act 1984 and this was further reinforced by the comments of the Court of Appeal in Golubovich v Golubovich [2010] EWHC 1754 (fam). But in Agbaje Lord Collins raised a "warning note" about the application of Part III to cases where the foreign divorce was a party to Brussels I or the Lugano Convention. He noted that the question might arise as to whether the Part III application would be precluded on the basis that the issue of maintenance had been determined by the other member state and was entitled to recognition.

This leads to the question of when an ancillary relief award is in the nature of maintenance (and so entitled to recognition under Brussels I and Lugano) and when it is simply the division of...

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