Key Facts
- •The parties were married in Algeria in 2001 and have three children.
- •They lived in the UK until 2008, then in the UAE until 2016, and have resided in the UK since then.
- •The husband owns two properties in Dubai.
- •A divorce was granted in Algeria in January 2024.
- •The wife seeks leave to make a financial relief claim in the UK under section 13 of the Matrimonial and Family Proceedings Act 1984.
- •Both parties represented themselves.
Legal Principles
Leave to apply for financial relief following an overseas divorce will only be granted if there is substantial ground for the application (s13, Part III Matrimonial and Family Proceedings Act 1984).
Matrimonial and Family Proceedings Act 1984
'Substantial ground' means 'solid' and is intended to prevent unmeritorious claims. The court must weigh the connections of England against the foreign jurisdiction to avoid improper conflict.
Agbaje v Akinnoye-Agbaje [2010] UKSC 13 and Lord Collins' interpretation
The court considers various factors in determining whether England and Wales is the appropriate venue, including the parties' connections to different jurisdictions, any financial benefits received overseas, and the enforceability of any order (s16(2) Matrimonial and Family Proceedings Act 1984).
Matrimonial and Family Proceedings Act 1984
The court has jurisdiction if either party was domiciled or habitually resident in England and Wales at relevant times, or if either party had a beneficial interest in a dwelling house in England and Wales during the marriage (s15(1) Matrimonial and Family Proceedings Act 1984).
Matrimonial and Family Proceedings Act 1984
The fact that a divorce was obtained overseas doesn't preclude applying in the UK courts. If the parties have a connection to the UK, the 1984 Act allows consideration of whether proceedings should continue overseas or proceed in the UK.
Case judgment reasoning
Outcomes
Leave granted to the wife to make an application for financial remedies in the UK.
The wife has a solid ground for applying in the UK due to the parties’ strong connection to the UK, their current residence, and the difficulties the wife would face pursuing remedies in Algeria. The court considered all factors under s16(2) and found it appropriate for the application to proceed in England and Wales.