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Family Law

The leading authority on all aspects of family law

02 APR 2011

ANCILLARY RELIEF: Schofield v Schofield

(Court of Appeal; Thorpe, Leveson and Black LJJ; 2 February 2011)

The German wife was married to her English husband while he was serving in the British Army. The wife sought an English pension sharing order, which the German court did not have jurisdiction to make.  Mostyn J dismissed the application, applying his own decision in CG v IF on probability assessment.

Appeal allowed. The German court had no jurisdiction to make an order in relation to the husband's British Army pension on divorce. The wife's consequent appeal against the refusal of permission to apply for an order under Part III MFPA 1984 was allowed. Mostyn J's gloss in CG v IF was disapproved. International judicial collaboration is important to ensure parties are not deprived of pension entitlements rooted abroad.

 

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