Financial Provision Following a Foreign Divorce

For those who are divorced abroad there are often uncertainties about the financial provision that can be made for them in England and Wales if they become habitually resident here. They will naturally be concerned to know if they may still be able to bring a financial claim here. Part III of the Matrimonial and Family Proceedings Act 1984 does provide such an opportunity in certain circumstances and claims can be brought against a spouse or former spouse notwithstanding the extant order of a foreign court for financial provision. This is a highly technical area and seeking expert advice is essential in order to ensure that such a claim is properly brought and likely to have an outcome that justifies the costs of the proceedings.

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