Schofield v Schofield [2011] EWCA Civ 174 (02 February 2011)
The judge below applied an incorrect threshold for granting leave, requiring a probability assessment of 50% rather than substantial ground. The army pension is significant in context, and public policy requires English courts to cooperate in providing relief where foreign courts lack jurisdiction over English assets. The appeal is allowed and leave should be granted.
- Citation
- [2011] EWCA Civ 174
- Parties
- Appellant: Schofield; Respondent: Schofield
- Jurisdiction
- England and Wales
- Judgment Date
- 02 February 2011
- Procedural Posture
- Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Pension Sharing, Financial Relief After Foreign Divorce, Jurisdictional Cooperation
Case Brief
Summary, issues, holding and outcome
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Parties
Schofield
Appellant
Schofield
Respondent
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 Whether English courts should grant leave for financial relief application after foreign divorce when foreign court lacks jurisdiction over English pension assets
- 2 Appropriate threshold for granting leave under Part 3 Matrimonial and Family Proceedings Act 1984
Ratio Decidendi
The judge below applied an incorrect threshold for granting leave, requiring a probability assessment of 50% rather than substantial ground. The army pension is significant in context, and public policy requires English courts to cooperate in providing relief where foreign courts lack jurisdiction over English assets. The appeal is allowed and leave should be granted.
Court Disposition
appeal allowed
Orders
- Appeal allowed
- Fresh evidence admitted
Full Case Text
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