Partner Pauline Fowler examines recent case law under Part III of the Matrimonial and Family Proceedings Act 1984 in CorporateLiveWire’s 2016 Expert Guide to Divorce Law.
Recent Case Law Under Part III of The Matrimonial And Family Proceedings Act 1984
“The publicity surrounding the case of Christina Estrada, in which this firm acted for Ms Estrada, has highlighted the possibility of making financial claims in this country following an overseas divorce. It was Part III of the Matrimonial and Family Proceedings Act 1984 that provided a mechanism for someone who has not remarried or entered into a civil partnership to bring a claim in England and Wales against a spouse or former spouse even if a court has already made a financial order in divorce proceedings in another jurisdiction.
The thinking behind the Act was to alleviate the adverse consequences of no or inadequate financial provision being made by an overseas court in circumstances where there are substantial connections with England and Wales. The leading Supreme Court authority on this provision (Agbaje v Akinnoye-Agbaje  UKSC 13) was clear, however, that the courts should not be deciding whether it would be appropriate for an order to be made in England and Wales as opposed to a foreign court – its purpose is to provide a financial remedy in circumstances where proceedings have already taken place in a foreign court.”