Schofield v Schofield [2011] 1 FLR 2129, CA – Part III applied to English pensions

Date of Case: 02/02/2011
Case Reference: [2011] 1 FLR 2129, CA – Part III applied to English pensions

Tim Amos QC led Rosemary Budden for the wife on appeal to the Court of Appeal. The wife was German and the husband English. They had been married for 20 years and divorced in Germany. The German court had dealt with capital and maintenance. The German court did not have jurisdiction to share the British Army Pension which the husband had built up before and during the marriage. The wife brought an application for permission under Part III to share the husband’s pension to the English High Court. At first instance the wife’s application was dismissed but on appeal the Court of Appeal gave the wife permission declaring the important point of public policy as to international judicial collaboration where one jurisdiction is unable to deal with pension assets accruing in another jurisdiction.

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