Making an additional financial claim after an overseas divorce

If a divorce settlement made in a foreign court is unfair or has left a gap in financial provisions for you and your family, you have the option of making a Part III claim. 

There is no chance for a second bite of the cherry if the decision of a foreign court does not go your way during divorce proceedings: you can’t simply try again because you don’t like the outcome. 

However, in England and Wales, the court can come to different conclusions to other jurisdictions. If no or inadequate financial provision was made in another country, there is a process you can go through to correct the situation, often called a Part III claim. 

Pensions and Part III

Pension sharing orders made in a foreign divorce are not valid against English-based pensions. This means that even if an agreement on how to share a pension has been made overseas, an English court still needs to make an order. This must be done in accordance with Part III. 

Making a Part III claim

Part III claims are very involved. Even the criterion for making an application is very specific. Your marriage and divorce must be recognised in England and Wales, you cannot have remarried, plus at least one of the partners must:

• Be domiciled in England and Wales on the application or divorce date
• Be habitually resident in England and Wales one year before the application or divorce date
• Have a property in England and Wales on the application date

There are two stages to making a Part III claim. Your overseas divorce must be finalised and legal and then you can apply for permission to make a claim by proving that you are domiciled or a national in England or Wales. If granted permission, you need to transparently share what happened during the overseas proceedings and provide full and frank financial disclosure for you and your ex-partner. 

An application is most likely to succeed when the foreign court:

• Has under-developed mechanisms to share pensions, force financial disclosure or enforce agreements and orders
• Does not have jurisdiction over foreign property
• Demonstrates favouritism towards nationals over expat spouses, or towards one religion over another

Winning a Part III claim requires significant complexity and cost: you are effectively divorcing twice. Consider whether it is financially worthwhile and get highly experienced advice before taking any steps. 

If you believe an overseas court has not provided adequate financial provision for you and your family, our expert team is primed to advise you. We are known internationally for our expertise in these highly specialist divorce claims, regularly receiving requests for help from the USA, Canada and New Zealand, Europe, Singapore and Australia.