Source: All England Reporter
Publisher Citation: [2009] All ER (D) 130 (Jan)
Neutral Citation: [2009] EWCA Civ 1
Court: Court of Appeal, Civil Division

Ward, Longmore and Jackson LJJ

Representation Nigel Dyer QC and Eleanor Harris (instructed by Knox & Co) for the wife.
  Timothy Scott QC and Peter Mitchell (instructed by Tucker Turner Kingsley Wood & Co) for the husband.
Judgment Dates: 20 January 2009


Divorce - Financial provision - Application - Financial relief in England and Wales after overseas divorce - Application subsequent to foreign decree and financial orders - Application by wife in England for leave to apply for financial relief - Judge granting leave - Judge subsequently making substantive financial order - Husband appealing judgment - Examination of scope and role of application for leave to apply for, and substantive application for, financial relief - Purpose of relevant statutory provisions - Comity between courts of competing jurisdiction - Guidance as to when appropriate to order financial relief - Pt III.

The Case

Divorce Financial provision. Court of Appeal, Civil Division: The Court of Appeal reviewed the procedures and principles involved in applications for leave to apply, as well as the substantive application where leave was granted, for financial relief after an overseas divorce, pursuant to the .

Practice Areas

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