Zimina v Zimin

Judgment

Lady Justice King:

This is an appeal against an order made by Mrs Justice Roberts on 13 July 2016. The respondent (wife’s) application had been made pursuant to the Matrimonial and Family Proceedings Act 1984 Part III: Financial Relief in England and Wales after Overseas Divorce etc. (MFPA 1984 or Part III). By her order the judge ordered the appellant (husband) to pay to the wife a lump sum of £1,148,480 (£1.14m) together with provision for the children of the marriage.

The issue before the court relates not to the quantum of the lump sum in itself, but as to whether it was appropriate in all the circumstances of the case for the judge to have made a lump sum order at all.

The case turns on the proper application of sections 16 – 18 MFPA 1984 against the backdrop of the decision of the Supreme Court in Agbaje v Agbaje [2010] 1 AC 628 (Agbaje). This case specifically relates to a situation where, following foreign divorce proceedings, a foreign consent order was made with a number of ancillary agreements, in circumstances where both parties had legal representation. The terms of the order having been implemented, five years later (there having been no change in her circumstances) the wife made an application under Part III seeking substantial additional provision for herself.

It is accepted by both the appellant and respondent that it is unusual for an order to be made under Part III where a foreign order is in place. The question for the judge, and now for this court, is whether this is one such case.

Background

The husband and wife are Russian nationals who married in Moscow in 1997. There are three children of the marriage, now aged 20, 19 and 17 years old. In August 2004 the family moved to London where they lived in rented accommodation until August 2007 when a substantial property in Kensington (the Kensington house) was bought for the family as a home. By the time the property was ready for occupation the marriage had failed and the wife and children moved in without the husband.

The wife continues to live in the Kensington house with the two younger children of the family. The husband has remarried and has two young children, each of whom suffers from serious health problems. The husband now divides his time between homes in Cyprus and Bulgaria.

It is common ground that all the wealth in this case was created by the husband’s father, Dr Z. Dr Z’s personal wealth was said to be in the region of $182m. Dr Z is a highly respected R