||All England Reporter
|| All ER (D) 289 (Feb)
|| EWCA Civ 81
||Court of Appeal, Civil Division
Thorpe, Rimer and Munby LJJ
||Frank Feehan QC and Maria-Amalia Walker (instructed by Adams Moore Solicitors) for the husband.
||Justin Warshaw and Madhavi Kabra (instructed by Callaghan & Co) for the wife.
||14 February 2011
Divorce - Ancillary relief - Financial provision - Overseas divorce - Financial relief in England and Wales after overseas divorce - Application subsequent to foreign decree and financial orders - Application by husband in England for leave to apply for financial relief - Judge dismissing husband's application - Effect of European legislation - Correct test to be applied - Whether judge erring - Council Regulation (EC) 44/2001.
Divorce Ancillary relief. The Court of Appeal, Civil Division, allowed the husband's appeal against the dismissal of his application for financial relief under PtIII of the in the light of the judgment in Agbaje v Agbaje . The husband had clearly established a substantial ground for the grant of leave having regard to the overall financial circumstances of the parties and to the fact that the wife could not be shielded from a full investigation.
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