London is one of the world’s greatest cities with a melting pot of cultures and people. It is a magnet for international couples who choose to live and work in the UK, building their lives and families over many years.
If they then divorce, it is not uncommon for the financially stronger spouse to issue divorce proceedings in their home country if they have maintained sufficiently strong ties and they know that they will achieve a better outcome.
What very few international families realise is that if there is a strong connection to the UK, it may be possible to bring a financial claim in the English courts following an overseas divorce. They are called ‘Part III’ claims, named after Part III of the Matrimonial and Family Proceedings Act 1984.
Part III claims offer an individual access to the remedies available in the English courts if no or limited financial provision has been made by a foreign court.
Whilst Part III claims cannot be considered a ‘second bite of the cherry’, they are a useful and often invaluable tool in preventing financial hardship and providing any children from the marriage with financial support.
They are, as you might reasonably expect, complex and technical claims, typically heard in the High Court. There is a clearly defined process to follow.
Part III claims will only be an option if a divorce has been granted outside of England and Wales and at that time either party had a sufficiently strong connection to England or Wales. That might include being domiciled in England or Wales, being habitually resident here for at least one year preceding the divorce, or if one party has a beneficial interest in a family home in England or Wales.
The first stage is to apply for permission from the courts to make a Part III claim. This is effectively a filtering mechanism to prevent frivolous or inappropriate claims.
The courts will consider if there are substantial grounds for making an application and whether any resulting application will have a real prospect of success. The courts will also consider the relationship each party has to England and Wales, the financial benefit received from the divorce, and the length of time since that divorce.
If permission is granted, the respondent can still argue to have the permission set aside.
If they do not make an application to have the permission set aside, or their application fails, proceedings will follow in the usual format of claims brought in England and Wales. The court will take into account the reasonable needs of both parties and any children resulting from the marriage. The courts may ‘top up’ financial orders made by an overseas court or make new orders that could include the transfer or sale of property, cash lump sums, maintenance or pension sharing orders, as it can in all financial remedy proceedings.
While there are strict criteria to meet and follow, Part III claims can provide a much fairer outcome following an overseas divorce.
Contact our Family Team
The Family team at Bishop & Sewell has a wealth of experience in dealing with family law, finances on divorce, and pre and post-nuptial agreements.
Please email family@bishopandsewell.co.uk or contact 020 7631 4141 and ask to speak to our Family Law team.
The above is accurate as at 23 April 2025.
The information above may be subject to change.
The content of this note should not be considered legal advice. Each matter should be considered on a case-by-case basis.
