It has recently been discussed how practitioners can use Article 7 of the EU Maintenance Regulation to overcome a regular problem in international divorces.
There is sometimes difficulty in overcoming jurisdiction in relation to issues where there has been a financial settlement abroad, which in turn is then made into an order of a family court. English courts do not have jurisdiction unless there is an ongoing connection with England such as domicile or residency. This causes problems as often there is an order to share an English-based pension and practitioners have found that sometimes English courts have no jurisdiction to make the order.
An English-based pension allows sufficient connection with England and Wales for Article 7 of the EU Maintenance Regulation to confer jurisdiction on the English courts to make a pension sharing order.
Jacksons deal with divorces on a daily basis including international divorces, if you require any assistance please do not hesitate to contact Louisa Bestford on 0191 2069617 or Emma Canham on 0191 2069621.
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