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Divorce payout ruling tipped to open the floodgates
Thu 11 Mar 2010
Wealthy spouses who are not happy with divorce settlements awarded in foreign courts could seek bigger payouts in the UK following a landmark ruling.
Nigerian couple Olusola and Sikirat Agbaje were given UK citizenship in 1972, but separated in 1999 after a 38-year marriage.
A Nigerian court had awarded Mrs Agbaje £21,000 in the divorce settlement, but she believed she was entitled to a greater sum.
She therefore decided to go through the British courts, as the Matrimonial and Family Proceedings Act gives them the power to grant financial relief in divorce cases that have happened overseas.
Mrs Agbaje has been awarded £275,000 - a ruling that the legal community believes could spark a number of similar claims.
According to Supreme Court judge Lord Collins, the payout was awarded partly because the disparity between the original sum awarded to each party was enough to create "real hardship and a serious injustice".
Carol Ellinas, a partner at Winckworth Sherwood Solicitors, commented: "The Supreme Court has awarded a wife 40 per cent of the matrimonial assets following a 38-year marriage.
"Although the principle may have some divorcees worried, surely it is more important to ensure that a UK citizen is treated fairly.
"This is not new law, the court has had the inherent jurisdiction to look at an order obtained abroad for a long time.
"If one part thinks they can travel to another country and issue divorce proceedings and obtain an advantage they need to think again and be sure to obtain the best advice available from an experienced divorce lawyer before doing so." 
