Financial relief after overseas divorce: a case study of divorce in Algeria

Lisa Pepper

Can I claim financial relief after an overseas divorce?

Obtaining a divorce in Algeria did not prevent a wife from seeking financial relief in the English courts. But note that the court will only give permission to bring a claim for financial remedies in this jurisdiction if the applicant can show solid or substantial grounds. 

At Osbornes Law, experienced international divorce lawyers work with clients throughout London and the surrounding regions, regularly acting in cases involving other jurisdictions.

Divorce in Algeria and the UK: The couple’s background

Having met and married in Algeria in 2001, the parties lived in the UK for 15 years before moving to the UAE – and returning again to England in 2015. They had lived in the UK for eight years since returning from UAE and are habitually resident here. They have three children, two are now adults. 

In late 2023, the wife (W) petitioned for divorce in England but it emerged that H had already commenced proceedings in the Algeria court – which granted the divorce in January 2024, illustrating the issues that can arise with divorce in the UK when married abroad. However, there was no dispute around the validity of the Algerian divorce.

Seeking financial relief in the UK after expat divorce in Algeria

The matrimonial assets were located in Dubai (including a £1.2 million villa and a flat, both solely owned by H) or in offshore divorce jurisdictions. 

W withdrew her petition and sought to claim financial relief in this jurisdiction after an overseas divorce (pursuant to s13 Part III of the Matrimonial and Family Proceedings Act 1984).  To make a substantive claim, the court must first grant leave under s13. 

Algerian divorce and challenges in financial claims

The court will not grant leave in such cases without ‘substantial ground’ to do so.  This requirement enables the court to weigh the connections of England against those with the foreign jurisdiction to rule out any improper conflict with that jurisdiction. This exercise requires the court to consider several factors before deciding whether there is substantial ground for allowing an application for financial remedies to proceed in the English courts.  

In this case (1), H claimed W was required to apply first in Algeria given that’s where the divorce was granted. He wanted her application struck out on grounds of her “refusing to engage” with the court in Algeria. 

Court decision and leave to proceed with financial relief

The court granted W leave to make her application in this jurisdiction. The very fact the divorce was obtained in Algeria is what triggered the operation of the 1985 Act. Further, both parties had a strong connection here; and while she could make her application in Algeria, she was not compelled to do so. W had demonstrated sufficiently solid or substantial ground to apply for financial relief in the English court. 

The judge also noted that W could well have experienced problems enforcing any award from the Algerian courts, partly given her minimal connection with the country and the fact she couldn’t afford to instruct a divorce lawyer there.  

Implications of an Algerian divorce on UK financial claims

The fact that one party has obtained an expat divorce does not necessarily mean that an application for financial remedies must then be made in that country.  

Though the English court can be asked for permission to make the application here, the ruling demonstrates the relatively low bar in satisfying the court that an application can proceed in this jurisdiction, rather than the foreign jurisdiction. 

Legal support for financial relief after an overseas divorce

If your divorce was obtained in another country, you may well be able to claim financial relief after an overseas divorce if you are a resident of the UK. The international divorce solicitors at Osbornes Law can explain your options and help you with your claim.

Contact the leading divorce partner Lisa Pepper here; or call us now on

*1 WXT v HMT (leave to claim financial relief following overseas divorce) [2024] EWFC 136)