A Recent Success in an International Family Law Case: Upholding Rights in Cross-Jurisdictional Divorce
At Jagdev Legal, we are proud to share a recent success in a complex international family law case, where we represented the wife in an application under the Matrimonial and Family Proceedings Act 1984 (MFPA 1984) for permission to bring proceedings in England. This case was challenging, not only because of its international nature but also due to the husband’s success in obtaining a divorce in the United Arab Emirates (UAE). Despite the husband’s attempt to secure a favourable outcome abroad, we were able to assert the wife’s rights in England, illustrating that a foreign divorce does not necessarily preclude proceedings in this country.
The Race to Obtain Divorce in the UAE
In cross-jurisdictional family law cases, it is not uncommon for one party to seek a “race to court” in a jurisdiction where they believe they might obtain a more favourable outcome. In this case, the husband successfully secured a divorce in the UAE, a country where family law is significantly different from that of England and Wales. This success, however, did not prevent the wife from pursuing her legal rights under English law.
Under MFPA 1984, even when a foreign divorce is recognized, the courts in England have the authority to grant financial relief if it is deemed fair and just. This provision is particularly important when the financial arrangements made in the foreign jurisdiction are considered inadequate or do not fully account for the spouse’s financial needs.
Bringing Proceedings in England: A Challenging Path
Applying to bring proceedings in England under the MFPA 1984 is a complex and intricate process. The Act provides a potential route for individuals who have divorced abroad but have a strong connection to England to apply for financial relief, such as maintenance or property orders. However, gaining permission from the English courts to bring these proceedings is no simple task.
When seeking permission under Part III of the MFPA 1984, the court must consider several key factors, including:
- The connection of the parties to England and the foreign jurisdiction.
- Whether there are already existing financial provisions made in the foreign proceedings.
- Whether it would be appropriate for the court in England to exercise its jurisdiction.
- The time elapsed since the foreign divorce and whether bringing proceedings now would be reasonable.
Recent Case Law: The Importance of Notifying the Husband
A significant aspect of this recent case was the consideration of the procedural requirements for such applications. Recent case law has clarified that applications for permission to bring proceedings under the MFPA 1984 should not be made without notice unless there are compelling reasons. It is now generally required that the husband (or the opposing party) should be notified of the application and have an opportunity to attend the hearing.
This reflects the principles of fairness and the court’s preference for both parties to participate in proceedings, especially when they involve complex financial matters. It also ensures that the court is fully informed and that both parties’ circumstances are carefully considered.
Our Approach and Success in This Case
In this case, we represented the wife, navigating the complexities of cross-border family law and ensuring her rights were protected. Despite the husband’s successful “race” to secure a divorce in the UAE, we prepared a robust application under the MFPA 1984 to seek permission for the wife to bring financial proceedings in England.
Given the recent case law and the court’s guidance on notifying the opposing party, we ensured that our application was made on notice, providing the husband with the opportunity to attend. This not only demonstrated our commitment to transparency but also underscored the wife’s strong case for having her financial claims considered in England.
After a detailed consideration of all relevant factors, including the couple’s connections to England, the court granted permission for the wife to bring proceedings. This decision allows the wife to pursue a fair financial settlement that aligns with English legal principles, emphasizing that a foreign divorce does not automatically bar further claims in this jurisdiction.
Conclusion: Upholding Justice in International Family Law
Our recent success highlights the nuanced nature of international family law and the vital role of Part III of the MFPA 1984 in protecting the financial rights of individuals who have divorced abroad. These cases are often challenging, involving considerations of multiple jurisdictions, the adequacy of foreign financial arrangements, and the appropriateness of pursuing further relief in England.
The courts’ stance that applications under MFPA 1984 should not be made without notice reinforces the importance of procedural fairness in these proceedings. By ensuring that both parties have the opportunity to be heard, the courts can make informed decisions that uphold justice and provide fair outcomes.
If you find yourself in a similar situation involving cross-border divorce or financial relief, it is crucial to seek specialist legal advice. Our team at Jagdev Legal is experienced in handling complex international family law cases and can guide you through every step of the process to protect your rights.
For more information or to discuss your situation, please contact us at info@jagdevlegal.co.uk