Introduction

An application may be made here for financial relief where a civil partnership has been dissolved or annulled, or the civil partners have been legally separated, by judicial or other proceedings in an overseas country and the dissolution, annulment or legal separation is entitled to be recognised in England and Wales (Schedule 7, paragraph 1(1)). The provisions of Schedule 7 correspond to a great extent with Part III of the Matrimonial and Family Proceedings Act 1984.

Overseas country

Overseas country is defined by paragraph 1(3) as a country or territory outside the British Islands.

The applicant

Either partner may apply, provided the leave of the court has been obtained to do so (see below) and he or she has not, following the dissolution or annulment of the partnership, formed a subsequent civil partnership or marriage (paragraph 2).

Leave of the court

The permission of the court is required for an application and it will not be granted unless the court considers there is ‘substantial ground’ for the application (paragraph 4(2)). The existence of an order for financial relief made by an overseas court does not prevent leave being granted and paragraph 4(4) enables leave to be given subject to such conditions as the court thinks fit.