Consideration of an appeal against the refusal of permission to apply for financial relief after an overseas divorce.
Facts
- Following a divorce in Australia, W was refused permission to apply under Part III of the MFPA 1984 after an inter partes hearing. She sought permission to appeal on the basis of factual errors in the judgment and a purported error of legal approach to the agreements reached by the parties in the course of their separation.
Held
- Permission to appeal refused.
- Notwithstanding that Australian courts lack residual discretion to approve nuptial agreements before they become binding, the trial judge had been entitled to place the weight that she had upon the financial provision contained therein.
- The factual errors were not material.
- Although unconventional, the judge at first instance was entitled to make the case management decision to hold an inter partes permission hearing.
