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...

Part III MFPA 1984/CPA 2004 financial relief after overseas divorce/dissolution: jurisdictional gateways, permission (leave) test, EU/Hague impacts, orders and interim relief—England and Wales

Published by a LexisNexis Family expert

Practice notes

Part III of the Matrimonial and Family Proceedings Act 1984 (MFPA 1984) permits former spouses divorced abroad, with a sufficient nexus to England and Wales, to seek financial relief within this jurisdiction where a foreign tribunal has made no, or no adequate, provision, thereby mitigating unfair outcomes. Equivalent rules apply on the dissolution of a civil partnership overseas (or an analogous status), via Schedule 7 to the Civil Partnership Act 2004 (CPA 2004). This Practice Note explains when the courts of England and Wales may make financial orders under MFPA 1984, Pt III and CPA 2004, Sch 7. It also outlines how the court deals with applications for permission (leave), the matters it will weigh, and the spectrum of orders it can make. See also the Practice Notes: Financial relief after overseas divorce—court’s approach and case law, and Financial relief after overseas divorce—procedure.

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Web page updated on 21/05/2026

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