Part III of the Matrimonial and Family Proceedings Act 1984 (‘Part III’) provides (subject to jurisdictional requirements set out in s.15) for the making of an application for financial relief following an overseas divorce. An order can be made notwithstanding that an order for financial relief has been made in a country outside England and Wales. By s.13 no application can be made without the leave of the court and by s.13(1) no leave is to be granted unless the court considers that there is ‘substantial ground for the making of an application for such an order.’
Chapter 6 of the Family Procedure Rules 2010 (‘FPR’) governs the procedure to be followed when making such an application, including at FPR r.8.25(1), that the application for leave must be made without notice and must be determined without notice unless the court thinks it appropriate for the application to be determined on notice (FPR r.8.25(3)). Where permission has been granted ex parte the respondent may, within seven days of the making of the order, make an application under FPR r.18.11 to set aside the order granting leave.
This appeal is concerned with the proper approach to an application made for the grant of leave and to any subsequent application to set aside an ex parte order for leave.
Lady Justice King
[2021] EWCA Civ 702
Bailii
England and Wales
Updated: 16 June 2021; Ref: scu.662479
