18 / 08 / 2020
After the end of the year and Brexit it may become impossible for UK-based pensions to be counted as part of an overseas divorce settlement. UK-based pensions could be out of reach in overseas divorces and spouses won’t be able to have their ex’s UK pension as part of the divorce if they’re no longer UK residents.
At the moment the English courts can hear financial cases after an overseas divorce as long as one of the parties is domiciled or resident in England, or there’s a matrimonial home in England in which at least one party has a beneficial interest in.
If these criteria cannot be met, then the EU has an important rule known as the ‘forum of necessity’. This means where no other EU country has a clear jurisdiction, a case can be heard in any of the member states as long as there’s enough of a connection to that country – such as previously living there.