The finality of foreign financial orders under English law

Anna Roiser Knowledge Development Lawyer Hunters

As family lawyers in England and Wales we may be consulted by clients whose divorce and related financial proceedings have taken place – or are likely to take place – abroad and who want to understand whether further claims can be brought in this jurisdiction. We identify a range of options which lawyers should consider in these circumstances. These include whether the foreign divorce will be recognised in this jurisdiction and the consequences of non-recognition; the circumstances in which a claim can be brought under Part III of the Matrimonial and Family Proceedings Act 1984 and tips arising from recent caselaw; the use of failure to maintain claims under s 27 Matrimonial Causes Act 1973; and the role of claims under Schedule 1 Children Act 1989. We also consider how applications under the Family Law Act 1996 the Married Women’s Property Act 1882 and the Trusts of Land and Appointment of Trustees Act 1996 may assist a client where there has been a foreign divorce. Finally we consider the post-Brexit position on the English...