Supreme Court divorce ruling may pave the way for
change
On Wednesday 10 March, one of the first rulings of the Supreme
Court in a family matter has been to decide what the role of the
English courts is when there has been a divorce overseas and where
the financial award, in English terms, is considered to be less
than generous.
Mrs Akinnoye-Agbaje obtained a divorce in Nigeria and the court
there decided the financial matters so that the wife obtained a
life interest in a house in Nigeria and a small lump sum. The High
Court in the UK increased the award but the husband was successful
on appeal and had the increase overturned despite the couple having
assets here and having spent the majority of their married life in
the UK. The Appeal Court took the view that they should not add to
the Nigerian order.
Fortunately, the Supreme Court has disagreed and the High Court
ruling has been reinstated.
Christine Plews, head of the Family team
at Blake Lapthorn, commented: "This is an important case for the
increasing numbers of people who live and have assets in England,
and for those who also have a significant connection with another
country that allows orders to be made there. Whilst the ability to
apply to the English courts should not be relied upon, as it will
remain difficult to obtain improved orders, undoubtedly, fewer
injustices will be caused."
