Pensions: Home and away

| Family Law Journal | February 2019 #183

Bethany Davies highlights problems when dealing with overseas pensions or pensions in this jurisdiction that are subject to an overseas order

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Divorce – pre-marital agreements, foreign divorces

| The Practical Lawyer |

The guidance in Agbaje that the principal object of s13(1) Part III MPA was to prevent wholly unmeritorious claims and, although the threshold was not high, the court needed to be satisfied that the applicant had a ‘solid ground’. The test is applicable to situation where the parties are both European nationals.

In this recent case the parties, who were Italian nationals, entered into an agreement before their marriage in 1987, electing for a separation of goods regime if the marriage ended. The marriage broke down in 2003, and W obtained a separation order and divorce in Italy. The CA gave H permission to apply for financial relief in the UK; and held that the test in Agbaje had been satisfied on H’s part.

This useful article also considers the possibilities where a hybrid order has been made by an EU court; and explains how the court intends to continue to protect its right to exercise its discretion in considering pre-marital agreements. Traversa v Freddi [2011] EWCA Civ 81. Source: NLJ 25 March 2011.