Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Divorce definition

What does Divorce mean? Divorce is the court process that ends a marriage and allows remarriage. In practice it involves a divorce application and, often in parallel, financial remedies (ancillary relief) and child arrangements, which are separate. In England and Wales (Divorce, Dissolution and Separation Act 2020; Matrimonial Causes Act 1973), a no‑fault regime applies: a sole or joint application is made on the single ground of irretrievable breakdown, evidenced by a statement. The court issues a conditional order and, after the statutory minimum period, a final order (replacing decree nisi/absolute). In Scotland (Divorce (Scotland) Act 1976), irretrievable breakdown is proved by adultery, unreasonable behaviour, or...

Financial relief after overseas divorce/dissolution: Part III MFPA 1984 and CPA 2004—approach, key authorities, connections, delay, disclosure, validity, ‘needs light’, sharing, interim maintenance and funding (England and Wales)

Published by a LexisNexis Family expert

Practice notes

This PrACTice Note

This Practice Note explains how the courts handle Applications under Part III of the Matrimonial and Family Proceedings Act 1984 (MFPA 1984) or under Schedule 7 to the Civil Partnership Act 2004 (CPA 2004) after a foreign Divorce or the dissolution of a civil partnership, and highlights significant authorities in this context. It addresses the effect of delay, the necessity of a valid marriage and a recognised divorce/dissolution, and the court’s power to order interim maintenance (including provision for legal funding). The framework for determining the disposal of the substantive claim for financial relief following an overseas divorce or dissolution is governed by both the statutory scheme in MFPA 1984, s 18 (and the mirror provisions in CPA 2004, Sch 7 Pt 1) together with judicial guidance, most notably the Supreme Court’s ruling in Agbaje v Agbaje, which remains the leading case in this field. Before any application is made, the applicant must obtain the court’s leave (permission)...

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Web page updated on 21/05/2026

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