Michael Allum (The International Family Law Group LLP)

Michael Allum (The International Family Law Group LLP)

Michael Allum is a Solicitor and Partner at The International Family Law Group LLP. He specialises in finance cases with a particular emphasis on matters with an international element.

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Potential Curtailment of the English Court’s Powers Under Part III MFPA

Potential Curtailment of the English Court’s Powers Under Part III MFPA

The recent decision of Moor J in TY v XA [2024] EWFC 96 (24 April 2024) has received attention as the first reported MFPA 1984 Part III leave/set aside case since the Supreme Court decision in Potanina v Potanin [2024] UKSC 3 (31 January 2024). The judgment contains some

Revised Finance Pre-Action Protocol

Revised Finance Pre-Action Protocol

On 29 April 2024 important changes were made to FPR Part 3 and Part 28 to promote non-court dispute resolution (NCDR). These changes include requiring the court to encourage parties to use NCDR, the introduction of a new form (FM5) requiring parties to set out their views on NCDR, and

Standish Primer in Advance of Court of Appeal Judgment

Standish Primer in Advance of Court of Appeal Judgment

How should a substantial sum of money (in this case £80m) which was partly generated before marriage but transferred to the other spouse during marriage be treated on divorce? Do those funds remain the non-marital property of the person who brought them into the marriage? Have those funds become the

Potanin v Potanina – the Supreme Court Decision

Potanin v Potanina – the Supreme Court Decision

Background On 31 January 2024 the Supreme Court handed down the much-awaited judgment in Potanina v Potanin [2024] UKSC 3. These proceedings relate to financial claims which can be brought in England for financial provision after an overseas divorce. Although the parties in this case have been described as ‘massively

English EU-Equivalent Divorce Jurisdiction Clearly Out of Step With EU Law

English EU-Equivalent Divorce Jurisdiction Clearly Out of Step With EU Law

Summary When the UK left the EU, and new domestic legislation was needed to replace EU law, the UK government said in relation to divorce jurisdiction of England and Wales that it would follow, be the same as, the EU law. This was for very justifiable reasons of continuity and

The Potanin Litigation: a Look Ahead

The Potanin Litigation: a Look Ahead

On 31 January 2024 the Supreme Court handed down judgment in the case of Potanin and Potanina [2024] UKSC 3. For a summary of the background to the proceedings and an overview of the judgment please see link. The key dates in the proceedings are as follows: * 8 October 2018:

The Law Is an Ass: Goodbye to the Knock-Out Blow – Potanin v Potanina: the Supreme Court Decision

The Law Is an Ass: Goodbye to the Knock-Out Blow – Potanin v Potanina: the Supreme Court Decision

https://www.bailii.org/uk/cases/UKSC/2024/3.html On 31 January 2024 the Supreme Court handed down the much-awaited judgment in Potanin v Potanina [2024] UKSC 3. These proceedings relate to financial claims which can be brought in England for financial provision after an overseas divorce. Although the