The divorce capital of the world...?

By Clare Williams in Family law in the news on Friday, March 12, 2010

The big news in the world of family law this week came from the Supreme Court who handed down the eagerly awaited judgment in the case of Agbaje. Mr and Mrs Agbaje were Nigerians who had spent extended periods in the UK during their long marriage. Mrs Agbaje came to live in one of the parties' properties in the UK after the couple separated but for a variety of reasons the divorce and subsequent financial proceedings were dealt with by the Nigerian courts.  By virtue of her residence in England, Mrs Agbjae was able to apply to the English courts for financial provision arising out her marriage to Mr Agbjae who was a successful barrister practising in Nigeria.
 
The High Court in England was concerned that the financial provison she had been awarded in Nigeria would not meet her needs and gave her a far more generous settlement, more in line with expectations for a wife divorcing in the UK.  The Court of Appeal decided that this had been the wrong approach.  They felt that the power to step in and (effectively) alter the financial relief granted by a foreign court should only be used in exceptional circumstances.  The Court of Appeal felt very sorry indeed for Mrs Agbaje but felt that because of the strength of the couple's connection with Nigeria and the desirability of respecting the decisions of foreign courts, the High Court had got it wrong.
 
The Supreme Court disagreed and restored the decision of the High Court, granting Mrs Agbaje's appeal in full.
 
This case has massive implications for couples who have divorced abroad and have some connection with the UK.  In essence the door has been opened to those who feel that they "could have done better" if the financial aspects of their divorce had been dealt with in England and Wales.  It is a commonplace to remark that London is the divorce capital of the world but Wednesday's judgment in Agbaje will only serve to enhance this reputation.  Will the courts of England and Wales start to look like an international court of appeal for ancillary relief?  Only time (and a great deal of litigation) will tell.

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