Schofield v Schofield

Schofield v Schofield

The lower court erred in applying an incorrect test for granting leave and in undervaluing the significance of the English pension. Public policy and the facts support granting leave to apply for financial relief in England where the foreign court could not address the English pension.

Parties
Appellant: Schofield; Respondent: Schofield
Jurisdiction
England and Wales
Judgment Date
02 February 2011
Procedural Posture
Civil Appeal / Appeal From Judgment Dismissing Originating Summons for Leave to Apply for Financial Relief Under Part 3 of the Matrimonial and Family Proceedings Act 1984
Outcome
appeal allowed
Legal Topics
Pension Sharing, Financial Relief After Foreign Divorce, Jurisdiction, Public Policy
Family Law Private International Law Pension Sharing Financial Relief After Foreign Divorce Jurisdiction Public Policy

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Parties

Schofield

Appellant

Schofield

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment Dismissing Originating Summons for Leave to Apply for Financial Relief Under Part 3 of the Matrimonial and Family Proceedings Act 1984

Legal Issues

  1. 1 Whether the English court should grant leave to apply for financial relief under Part 3 of the Matrimonial and Family Proceedings Act 1984 following a foreign divorce where the foreign court lacked jurisdiction over an English pension
  2. 2 Whether the test applied by the lower court for granting leave was correct
  3. 3 Whether public policy supports judicial collaboration in cross-border pension sharing cases

Ratio Decidendi

The lower court erred in applying an incorrect test for granting leave and in undervaluing the significance of the English pension. Public policy and the facts support granting leave to apply for financial relief in England where the foreign court could not address the English pension.

Court Disposition

appeal allowed

Orders

  • Leave to apply for financial relief under Part 3 of the Matrimonial and Family Proceedings Act 1984 granted to the appellant