When marriages span multiple countries, untangling financial obligations can become a jurisdictional labyrinth. The recent High Court judgment of TY v XA (No. 2) [2025] EWFC 349 by Mr Justice Cusworth is a compelling example of how England’s Part III Matrimonial and Family Proceedings Act 1984 powers operate when one spouse seeks financial relief after an overseas divorce — here, in Germany.
The case stands as a reminder that Part III applications are not a second bite of the cherry, but a safety net against injustice where a foreign financial settlement leaves one party inadequately provided for.
The International Background
TY and XA — an Austrian husband and French wife — married in Austria, lived across Europe, and divorced in Germany in 2019. The German court approved a notarised Separation Deed, under which the wife received maintenance for a fixed term and payment of rent, but no capital settlement. The husband, meanwhile, retained substantial wealth.
After relocating to London with the children (with permission from the German court), the wife applied in England for Part III relief, arguing that the German settlement was unfair and left her in financial hardship. Her application was supported by significant evidence of mental and physical health difficulties, limiting her earning capacity.
The Legal Challenge: What Can England Do After a Foreign Divorce?
The central legal question was whether the English court could revisit — or vary — the German Deed. Under Part III of the 1984 Act, the court can make financial orders after a foreign divorce if there is a sufficient English connection and if it is appropriate to do so, having regard to all the circumstances (Agbaje v Agbaje [2010] 1 AC 628).
However, the Maintenance Regulation (EU 4/2009) still applied to this case, meaning English courts could not review the substance of the German order (Art. 42), but could vary it if circumstances had changed (Art. 21).
Mr Justice Cusworth held that the German Deed was valid and binding under German law, but that subsequent changes in circumstance—notably the wife’s health deterioration, relocation, and ongoing needs—justified modification of the maintenance terms, not a wholesale re-opening of the settlement.
A Question of Fairness and Forum
The court drew heavily on Agbaje principles, emphasising that Part III is not a tool for forum shopping. A mere disparity between a foreign award and what would have been achieved in England is not enough. Yet where unmet needs remain, and where England has become the parties’ clear home, the court may intervene to ensure fairness.
In TY v XA, both parties and their children were now habitually resident in London, and the German court no longer had jurisdiction. Against this backdrop, Mr Justice Cusworth ordered enhanced maintenance provision for the wife and children — recognising real change in their financial and medical circumstances since 2019.
Why This Case Matters
This judgment underlines several key points for practitioners and internationally mobile families:
- Part III relief is exceptional, not routine. It is a remedy for unfairness, not an opportunity to re-litigate a foreign divorce.
- Foreign settlements remain binding — but not untouchable. English courts can modify maintenance where there has been a genuine change of circumstances.
- Timing and motive matter. Delays in applying and perceived forum-shopping will weigh against applicants.
- Evidence is everything. The wife’s success rested on clear, medical evidence demonstrating her deteriorating health and inability to earn.
Cross-Border Fairness in the Modern Family Court
TY v XA shows the delicate balance English courts strike between respecting foreign judgments and ensuring fairness for families who have since made their lives here. The decision reinforces that Part III jurisdiction is not about English generosity — it’s about English justice.
