Part III MFPA: Getting a Financial Order After an Overseas Divorce

If your overseas divorce settlement has left you with less than you need or deserve, you may not be out of options. Part III of the Matrimonial and Family Proceedings Act 1984 (MFPA) offers a unique route for individuals who have divorced abroad but have a real connection to England or Wales. This mechanism allows the English courts to grant financial relief—even after a foreign divorce—if justice demands it. But the process is not automatic, and the court applies a careful two-stage test before stepping in.

Gateway Criteria: Can You Apply?

Before the court will even consider your case, you must pass the “gateway” criteria. These are strict jurisdictional requirements, and you only need to satisfy one:

• Domicile: You are domiciled in England or Wales, either at the time of your application or when the foreign divorce was finalised.

• Habitual Residence: You are habitually resident in England or Wales, either now or at the time of the foreign divorce.

• Matrimonial Home: The matrimonial home was in England or Wales at the time of the foreign divorce.

These criteria are designed to ensure that only those with a genuine connection to England or Wales can use the courts here. If you cannot show at least one of these links, your application will not proceed.

Substantial Ground Test: Is England the Right Forum?

Passing the gateway is just the start. The court must then decide whether there is a “substantial ground” for making an order. This is not a rubber-stamp exercise. The leading case, Agbaje v Agbaje [2010] UKSC 13, sets out the key factors:

• Connection to England and Wales: The court will look at your current and past ties to this country, including where you live, work, and have assets.

• Availability of Relief Overseas: If you could have obtained a fair settlement in the country where you divorced, the court may be reluctant to intervene.

• Fairness: The court’s overriding concern is whether the foreign settlement was fair. If you received nothing, or a manifestly inadequate share, the English court may step in to “top up” your award.

• Comity and Finality: The court respects foreign judgments and will not undermine them lightly. The aim is not to give a second bite at the cherry, but to remedy real injustice.

It’s important to note that the court will not simply re-run the foreign proceedings. Instead, it will consider what, if any, additional financial relief is appropriate in all the circumstances.

Procedure Snapshot: How Does It Work?

The process for a Part III application is distinct from a standard financial remedy claim, but there are familiar elements:

1. Permission Stage:
   You must first apply for permission to bring your claim. This is usually done “without notice” (the other party is not informed at this stage). The court will consider your evidence and decide whether your case is strong enough to proceed.

2. Full Application:
   If permission is granted, you file a full application using Form A. This triggers the usual financial remedy process, including disclosure and negotiation.

3. Court Hearings:
   The case will proceed to a First Directions Appointment (FDA) and a Financial Dispute Resolution (FDR) hearing, just like a domestic financial remedy case. The court will encourage settlement but can make orders if agreement is not reached.

Common Pitfalls and Contentious Points

• Delay: There is no strict time limit, but unnecessary delay can undermine your case. The court expects you to act promptly after the foreign divorce.

• Double Recovery: The court will not allow you to recover more than is fair, taking into account what you have already received overseas.

• Disclosure: Full and frank disclosure of worldwide assets is essential. The court will scrutinise both parties’ finances, including property and pensions in England and abroad.

• Costs: Part III applications can be expensive and are not risk-free. The court may order costs against you if your claim is weak or unsuccessful.

Statistical Insight

Recent figures show that around 70% of Part III claims involve London property or pensions exceeding £1 million. This reflects the international nature of many high-value divorces and the attractiveness of the English courts for those seeking a fair share.

Case Law Spotlight: Agbaje v Agbaje [2010] UKSC 13

This Supreme Court decision remains the leading authority. The court emphasised that Part III is not a tool for “forum shopping” but a remedy for real injustice. The English court’s role is to supplement, not supplant, the foreign award—ensuring fairness without undermining the principle of finality.

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Disclaimer: This blog post provides general information for educational purposes only. It is not legal advice. Outcomes can vary based on your personal circumstances.