AW v AH

AW v AH

The applicant is habitually resident in England and Wales, the assets are located in England, and she cannot obtain effective financial relief in China. The court is satisfied it is appropriate to make a financial provision order under Part III of the 1984 Act. The fair outcome is for AH to pay AW a lump sum of...

Source-derived case information.

Parties
Applicant: AW; Respondent: AH
Jurisdiction
England and Wales
Judgment Date
11 August 2022
Procedural Posture
Application for Financial Provision Following Overseas Divorce (part Iii, Matrimonial and Family Proceedings Act 1984) / Final Judgment After Reserved Judgment
Outcome
Application granted. Financial provision order made under Part III Matrimonial and Family Proceedings Act 1984.
Legal Topics
Financial Provision After Overseas Divorce, Jurisdiction Under Part III Matrimonial and Family Proceedings Act 1984, Enforcement of Financial Orders, Service of Process, Clean Break Orders
Family Law Financial Provision After Overseas Divorce Jurisdiction Under Part III Matrimonial and Family Proceedings Act 1984 Enforcement of Financial Orders Service of Process Clean Break Orders

Source-derived case record

Summary, issues, holding and outcome

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Parties

AW

Applicant

AH

Respondent

Procedural Posture

Application for Financial Provision Following Overseas Divorce (part Iii, Matrimonial and Family Proceedings Act 1984) / Final Judgment After Reserved Judgment

Legal Issues

  1. 1 Whether the English court should make a financial provision order under Part III of the Matrimonial and Family Proceedings Act 1984 following a Chinese divorce
  2. 2 Whether the applicant meets the jurisdictional and appropriateness requirements under s.15 and s.16 of the 1984 Act
  3. 3 What is the fair quantum and structure of financial provision for the applicant

Ratio Decidendi

The applicant is habitually resident in England and Wales, the assets are located in England, and she cannot obtain effective financial relief in China. The court is satisfied it is appropriate to make a financial provision order under Part III of the 1984 Act. The fair outcome is for AH to pay AW a lump sum of £300,000, with orders for sale of property C and, if necessary, property A, to meet her and her son's needs. The respondent's refusal to engage justifies orders for substituted service and execution of documents by a judge if necessary.

Court Disposition

Application granted. Financial provision order made under Part III Matrimonial and Family Proceedings Act 1984.

Orders

  • AH to pay AW a lump sum of £300,000.
  • Order for sale of property C; if proceeds insufficient, order for sale of property A to satisfy the lump sum.