12 Applica tions for financial relief after overseas divorce etc.E+W
(1)Where—
(a)a marriage has been dissolved or annulled, or the parties to a marriage have been legally separated, by means of judicial or other proceedings in an overseas country, and
(b)the divorce, annulment or legal separation is entitled to be recognised as valid in England and Wales,
either party to the marriage may apply to the court in the manner prescribed by rules of court for an order for financial relief under this Part of this Act.
(2)If after a marraige has been dissolved or annulled in an overseas country one of the parties to the marriage [F1 forms a subsequent marriage or civil partnership, ] that party shall not be entitled to make an application in relation to that marriage.
[F2(3)The reference in subsection (2) above to the forming of a subsequent marriage or civil partnership includes a reference to the forming of a marriage or civil partnership which is by law void or voidable.]
(4)In this Part of this Act except sections 19, 23, and 24 “order for financial relief” means an order under section 17 or 22 below of a description referred to in that section.
Textual Amendments
F1Words in s. 12(2) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b), Sch. 27 para. 90(2); S.I. 2005/3175, art. 2(2)
F2S. 12(3) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b), Sch. 27 para. 90(3); S.I. 2005/3175, art. 2(2)