Wife Can Pursue Claim in England After Russian Divorce

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The Court of Appeal has ruled that a woman who divorced her husband in Russia more than a decade ago can pursue a financial claim in England, despite the previous foreign proceedings.

The decision highlights the power of the English courts under Part III of the Matrimonial and Family Proceedings Act 1984, which enables financial relief to be sought in England and Wales following an overseas divorce, in certain circumstances.

Background to the Case

The couple, both Russian nationals, were married for over 30 years and enjoyed what the Court described as a “spectacular” lifestyle. During that time, the husband amassed considerable wealth, most of which was held through trusts and corporate structures.

After their Russian divorce in 2014, the division of assets by the Russian court included only property legally owned by either spouse, excluding assets held in trusts or by third-party entities. The wife claimed she had received less than 1% of the marital wealth, prompting her later application for financial relief in England.

The Application for Financial Relief

After moving to England, the wife applied for leave to pursue a claim under Part III of the Matrimonial and Family Proceedings Act 1984, which allows the English courts to make financial orders following an overseas divorce where the outcome abroad is considered unjust or inadequate.

Although the High Court initially granted permission, it later set the decision aside - ruling that the wife’s connection to England and Wales was “recent and modest.”

The Court of Appeal later reinstated her claim, but the husband appealed to the Supreme Court, which remitted the matter back to the Court of Appeal for reconsideration.

The Court of Appeal’s Decision

The Court of Appeal found that the High Court had been unfair in assessing the wife’s connection to England.

By the time of her application in 2019, the wife was habitually resident in England and Wales, satisfying both:

• Article 3(b) of the Maintenance Regulation, and
• Section 15(1) of the Matrimonial and Family Proceedings Act 1984, as she had lived in England for more than one year before filing her claim.

The Court concluded that the High Court had wrongly dismissed her case on jurisdictional grounds. It also criticised the earlier judgment for downplaying the injustice of the Russian court’s outcome, which had left the wife with a negligible share of the marital wealth.

Given her established residence in England and her significantly diminished ties to Russia, the Court of Appeal held that the wife had substantial grounds to seek financial relief.

Her claim has now been remitted to the High Court for further determination.

Key Legal Takeaways

• Part III applications allow a party divorced overseas to seek financial redress in England if the foreign award was unfair or inadequate.
• To bring such a claim, the applicant must demonstrate a sufficient connection to England and Wales - such as habitual residence or domicile.
• The Court will consider whether there has been a substantial injustice abroad and whether it is appropriate for the English courts to intervene.
• English courts continue to be regarded as one of the most generous jurisdictions for financial provision following divorce, particularly where significant international assets are involved.

Frequently Asked Questions

Q1: What is a Part III claim?
Part III of the Matrimonial and Family Proceedings Act 1984 allows individuals divorced outside England and Wales to apply for financial relief in the English courts where the foreign settlement does not provide fair or reasonable financial provision.

Q2: Who can apply under Part III?
Applicants must show a connection to England and Wales, such as being habitually resident, domiciled, or owning property here at the time of the application.

Q3: Does moving to the UK after a foreign divorce qualify me to make a claim?
It can, depending on your length and strength of connection with England and Wales. The courts assess each case individually to determine whether it is appropriate to hear the claim.

Q4: Will the English courts reassess the foreign divorce settlement in full?
Not necessarily. The court will only make an order if it finds that the foreign settlement failed to provide adequate financial provision and that further relief is just and reasonable.

Q5: Can the English courts award financial provision years after a foreign divorce?
Yes - as this case demonstrates, claims can sometimes be brought many years after the divorce, provided the applicant meets the necessary jurisdictional and fairness criteria.