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ARTICLE · 09 JUNE 2010

Foreign divorce settlements - the Scottish solution

Brodies LLP
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The recent English case of Agbaje is a reminder of the remedies available to former wives, whose husbands have sought divorce abroad, if the divorce causes a real financial hardship and serious injustice to the former wife.

United KingdomFamily and Matrimonial

The recent English case of Agbaje is a reminder of the remedies available to former wives, whose husbands have sought divorce abroad, if the divorce causes a real financial hardship and serious injustice to the former wife.

Mr and Mrs Agbaje are of Nigerian origin and had been married for 38 years. Although they owned a house in England and took British citizenship in 1972, their home and life was mainly in Nigeria.

They separated in 1999 when Mrs Agbaje moved to England. The parties brought cross actions for divorce; Mr Agbaje's in Nigeria and Mrs Agbaje's in England. The Nigerian action prevailed and Mrs Agbaje was awarded the use of a Nigerian property for life and a lump sum payment of approximately £21,000.

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