ON APPEAL FROM NORWICH COUNTY COURT
HIS HONOUR JUDGE RICHARDS
Strand, London, WC2A 2LL
B e f o r e :
LORD JUSTICE LEVESON
LADY JUSTICE BLACK
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The Respondent did not appear and was not represented.
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Lord Justice Thorpe:
"The marriage of the parties contracted […] before the Superintendant Registrar […] be dissolved. Statutory pensions equalisation has been severed herefrom."
"During the marriage, from 1/6/1987 to 28/2/2005, the Respondent acquired pension expectancies exclusively under English law, which cannot be apportioned by the court seized of the application. A German court cannot impinge upon pension expectancies that a foreign spouse has acquired with a foreign insurance body. By reason of a lack of any social insurance convention between Great Britain and Germany, the English underwriter of the husband cannot be bound by an order of the German family court as to statutory pensions equalisation."
From these citations it is clear that the German court was unable to deal with an English pension and that there was in the German court an expectation that the pension would be divided in this jurisdiction.
"So, using the test I have formulated in CG v IF, my probability assessment is significantly less than 50%, therefore the originating summons is dismissed."
Lord Justice Leveson:
Lady Justice Black:
Order: Appeal allowed