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Overseas Divorce, – I’ve got a foreign Court Order but I don’t think it’s fair?

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If you divorced overseas all of your finances may not have been sorted out by a foreign Court in a way that you feel is fair.  This may be because there are properties or assets owned in different countries, and that the Court hasn’t made any Orders relating to property or assets in England.

In some cases, if serious injustice has resulted from a foreign order, the Court in England can still make orders relating to money and property.  These cases are limited, and the Court won’t simply allow you to argue about the same assets and issues twice in different countries.

But for example, A v S (Financial Relief After Overseas US Divorce and Financial Proceedings) 2003   the wife owned a property in England before marriage, she moved to Texas and lived with her husband during the marriage and when it broke down, the Texan Court awarded her almost nothing because of a doctrine of community of property upheld in Texan.  The wife applied to the English Court. She had nowhere to live. The wife was awarded a lump sum of money by the English Court to help her re-house.

These are complicated legal proceedings in the High Court and there is an initial hurdle to overcome of persuading the Judge that it is right for the Court in England to listen to an application for a share of money or property.  Such proceedings are not to be undertaken lightly, and it is important that you get the right legal advice.

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