Many couples live increasingly international lives; marrying in one country, owning property in another, and even divorcing somewhere else entirely. However, when a divorce happens abroad, the foreign court may divide the finances fairly, inadequately, or perhaps not at all. People are often surprised to learn that, even after a divorce overseas, the English courts can sometimes step in and make a financial award. A recent family court decision serves as a useful, current illustration of how and when that door opens.
Can the English Court deal with money after a foreign divorce?
A special set of rules (Part III of the Matrimonial and Family Proceedings Act, MFPA 1984) allows someone who has been divorced abroad to ask the English Court for financial relief; for instance, a lump sum, maintenance, or the transfer of property, maintenance, or a share of a pension. It exists chiefly to relieve hardship where a foreign divorce has left one spouse with either no or altogether inadequate provision – particularly where a former couple has real connections to England.
However, it is not a ‘second bite at the cherry’. The Court is not there to top up a foreign award simply because an English judge might have been more generous. Before any claim can proceed, the applicant must obtain the Court's permission, and this is likely to be granted only where there are "substantial grounds" for making the application.
What happened in JJ v PJ?
The married couple had lived across several countries before divorcing abroad, and their most valuable asset was a London property worth around £2.5m. Although it was held in one spouse's sole name, it had been paid for by the other and was the family's home, as their child was at school in England. After the divorce, the spouse who had funded the home discovered that the other was trying to sell it, and applied for financial relief in England.
The Judge granted permission for the claim to go ahead, given the substantial grounds, a valuable former matrimonial home in England, one spouse holding British citizenship, and the child continuing education in the country. The Judge also refused to pause the English claim as fresh divorce proceedings got under way in yet another jurisdiction, noting that it was uncertain whether those would continue at all. It was clear that an indefinite delay would only serve to prolong the uncertainty and risk leaving the child's needs unaddressed during their remaining school years.
When will permission be given?
The guiding question, settled by the Supreme Court, is whether England is the appropriate place for a financial order to be made. A court weighs the parties' connections to England against their connections to the country of the divorce, what assets are actually located here, what the applicant received (or did not receive) abroad, and whether an English order could realistically be enforced. Strong English connections such as a home, children being raised or schooled in the country, and citizenship or residence all favour the likelihood of permission. Moreover, the existence of proceedings in another country will not automatically hold up an English claim, especially where those foreign proceedings are uncertain or slow, real assets and a child's welfare are in play.
Implications:
For anyone who has divorced abroad and feels that the financial outcome was either unfair or non-existent, the key point is that England may still be open to you but only if you have genuine connections here and have obtained permission. Such applications are time-sensitive and fact-specific, so early specialist advice is essential, as delay can both weaken your position and allow assets to be moved or sold.
- Former spouses can seek financial relief in England even after a foreign court has already finalised their divorce.
- The process is not a tool to simply seek a larger payout; applicants must prove "substantial grounds" and show that England is the appropriate venue.
- Holding British citizenship, owning a home in the country, or having children schooled in England significantly increases the likelihood of the Court granting permission to claim.
- Ongoing or fresh legal battles in other countries will not automatically pause English proceedings, especially if a child's welfare or valuable assets are at risk.
- Individuals cannot assume that a foreign divorce safely protects their sole-named UK assets from future claims by a former spouse.
- Financial claims are highly fact-specific and time-sensitive; delaying action only increases the risk of assets being sold or moved.
Disclaimer: This simplified summary of a UK legal case is for general information only. It is not legal advice, may omit important detail, and may not reflect later developments or appeals. Please read the full judgement and seek professional legal advice before acting.
