Agbaje v Agbaje

Lord Justice Ward:

Introduction

Although the Court of Appeal has on several occasions had to consider whether to grant leave to apply for financial relief after an overseas divorce pursuant to Part III of the Matrimonial and Family Proceedings Act 1984 (“Part III”), this is, we are told, the first time that this Court has had to review the substantive order made after such leave has been given. Here the final order was made by Coleridge J on 4th April 2008, the material parts of which provided:

“Upon the applicant agreeing and undertaking to the court to:

A. relinquish forthwith any interest she may have in plot 2 … Tin Can Island … Lagos, Nigeria and, in particular, her life interest in the said property created by order of Nicol-Clay J in the High Court in Lagos, Nigeria on 2nd June 2005; and

B. execute all documents necessary when called upon to do so to effect (i) the termination of her life interest and/or (ii) the transfer of any interest she may have in the said property to the respondent;

It is ordered that:-

1. The respondent shall pay or cause to the be paid to the applicant a lump sum equal to 65% of the gross proceeds of sale of 27 Lytton Road, New Barnet, upon completion of the sale of the said property.

2. Pursuant to the lump sum order at paragraph 1 above, 27 Lytton Road, New Barnet shall be sold forthwith on the open market …

3. The applicant’s claims for a periodical payments order and property adjustment order are dismissed.”

Mr Olusola Agbaje, the respondent in the court below, seeks permission to appeal. Although the parties’ marriage has been dissolved I shall for convenience, and I do hope without causing offence, call Mr Agbaje “the husband” and Mrs Agbaje “the wife”. Wilson L.J. adjourned that application to be heard on notice with the appeal to follow if the application were granted.

The factual background

The husband is 71 years old. He was born in Nigeria. So was the wife. She is 68 years old. The husband came to England in 1961 to read for the Bar – he was called in 1965. The wife also came over here in 1962 to study and work. The parties met in December 1965. They married in London on 6th May 1967 and lived together at various addresses in North London. There were five children of the family, the eldest, born to the wife shortly before she met the husband, and four children of the marriage born in 1967, 1969, 1973 and 1980. In 1972 the parties acquired British citizenship and they now both have dual British and