Foreign Assets in FR under Matrimonial Causes Act 1973 and Civil Partnership Act2004: a practical examination

Andrew Pote Barrister 42 Bedford Row

This article looks at some of the main issues and difficulties in dealing with financial remedy cases that involve assets overseas a type of case that seems to be on the increase. It looks at some of the major difficulties including disclosure valuations true ownership and provides some practical tips on how to deal with these issues. It examines relevant case law and draws a distinction between interests that can be dealt with in this country and those that cannot. It makes it clear that an overseas pension is not liable to a pension sharing order but looks at ways of dealing with that bar by using other orders. Finally it makes it clear how important it is that any order makes it clear how foreign assets have been considered by the court in the final outcome so that this can be taken into account id a claim is brought overseas. 

The full article will be published in the August issue of Family Law. 

Read the full article here.