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David Hodson on International Family Law: Quantification of financial provision under Part III MFPA 1984

Date:29 OCT 2012

International Family Law Practice by David Hodson

David Hodson

Judgment has been published this week although handed down 9 May 2012 in the case of Z v A [2012] EWHC 1434 (Fam) an important High Court decision of Coleridge J about quantification of financial provision under Part III MFPA 1984 financial remedies after a foreign divorce.

In essence should quantification be as if a divorce had occurred here in England (including sharing) only a needs-based settlement or perhaps no provision at all if some provision has been made by the foreign court?

There had been some uncertainty and differences on the issue since the Supreme Court judgment in Agbaje v Agbaje [2010] UKSC 13 [2010] 1 FLR 1813 given on 10 March 2010.

The Supreme Court (para [73]) said that the following principles should be applied:

‘First primary consideration must be given to the welfare...

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