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Matrimonial and Family Proceedings Act 1984

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16 Duty of the court to consider whether England and Wales is appropriate venue for application.E+W

(1)[F1Subject to subsection (3),] Before making an order for financial relief the court shall consider whether in all the circumstances of the case it would be appropriate for such an order to be made by a court in England and Wales, and if the court is not satisfied that it would be appropriate, the court shall dismiss the application.

(2)The court shall in particular have regard to the following matters—

(a)the connection which the parties to the marriage have with England and Wales;

(b)the connection which those parties have with the country in which the marriage was dissolved or annulled or in which they were legally separated;

(c)the connection which those parties have with any other country outside England and Wales;

(d)any financial benefit which the applicant or a child of the family has received, or is likely to receive, in consequence of the divorce, annulment or legal separation, by virtue of any agreement or the operation of the law of a country outside England and Wales;

(e)in a case where an order has been made by a court in a country outside England and Wales requiring the other party to the marriage to make any payment or transfer any property for the benefit of the applicant or a child of the family, the financial relief given by the order and the extent to which the order has been complied with or is likely to be complied with;

(f)any right which the applicant has, or has had, to apply for financial relief from the other party to the marriage under the law of any country outside England and Wales and if the applicant has omitted to exercise that right the reason for that omission;

(g)the availability in England and Wales of any property in respect of which an order under this Part of this Act in favour of the applicant could be made;

(h)the extent to which any order made under this Part of this Act is likely to be enforceable;

(i)the length of time which has elapsed since the date of the divorce, annulment or legal separation.

[F2(3)If the court has jurisdiction in relation to the application or part of it by virtue of the Maintenance Regulation and Schedule 6 to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011, the court may not dismiss the application or that part of it on the ground mentioned in subsection (1) if to do so would be inconsistent with the jurisdictional requirements of that Regulation and that Schedule.

(4)In this section, “the Maintenance Regulation” means Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark.]

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