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On appeal from: [2009] EWCA Civ 1.

The Court considered the proper approach for courts to take when considering applications made under the Matrimonial and Family Proceedings Act 1984, Pt III (powers to grant financial relief after a marriage has been dissolved in a foreign country). The Supreme Court unanimously allowed the appeal. The purpose of the Act was the alleviation of the adverse consequences of inadequate financial provision being made by a foreign court where the parties had substantial connections with England. The court should not be deciding whether it would be appropriate for an order to be made by a court in England or Wales as opposed to a foreign court – the whole point of Pt III was to allow for relief where there have already been proceedings in a foreign country. The legislation was not however, a simple “top up” of the foreign award so as to equate with an English award. The amount of financial provision awarded would depend on all the circumstances of the case.

For judgment, please download: [2010] UKSC 13
For the Court’s press summary, please download: Press Summary
For a non-PDF version of the judgment, please visit: BAILII