Using the EU Maintenance Regulation to overcome pension sharing problem
Article 7 employed to overcome jurisdictional difficulty
In an article for Family Law Week, David Hodson OBE of The International Family Law Group explains how practitioners can use Article 7 of the EU Maintenance Regulation to overcome a not uncommon problem in international divorces.
Where there has been a financial settlement abroad, invariably made into an order of a family court, to share an English-based pension, practitioners have found that sometimes English courts have no jurisdiction to make the order. This is because the English courts will not have jurisdiction unless there is an ongoing connection with England such as domicile or residency. This may not be the case where, for example, the couple have retired to live abroad or have moved abroad permanently, with no ongoing domicile or residency here.
However, an English-based pension affords 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.
To read David Hodson's article, please click here.