David Hodson on International Family Law: The international pensions black hole

The Supreme Court decision in Agbaje (2010) UKSC 13 created excellent fairness and justice opportunities for international families to seek some financial provision here after inadequate provision from a foreign divorce. Nevertheless it highlighted the significant shortcoming where many international families find they cannot obtain orders in respect of English pensions. This is because of the restrictive jurisdictional basis.

Part III of the Matrimonial and Family Proceedings Act 1984 allows jurisdiction on the pre-Brussels II grounds of sole domicile 12 months habitual residence or an interest in a matrimonial home here. The consequence is that there are now many international families around the world obtaining divorces abroad and having an English pension yet without a sufficient connection/jurisdiction with England and Wales to seek a Part III order. For these families the pension falls into a “black hole” and cannot be touched by the foreign divorce court. English pension companies will only make a pension sharing order on the basis of a local English order.

These families are two categories. First couples who have lived...

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