'Divorce tourism': there is a limit

It is sometimes possible for the English Family Court to make a financial order where the divorce has taken place in another country, and even where that other country has already made a financial order itself. The piece of legislation is Part III of the Matrimonial and Family Proceedings Act (Part III for short).

Sometimes these cases involve considerable wealth, while sometimes it is a way of achieving a fair result in cases where the foreign court was unable to make orders that would take effect on English assets. Pensions are a good example of this – an English pension company will not be bound by a foreign order, and the only way an English court can make a pension sharing order if the divorce took place abroad is by way of an application under Part III.

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