Cases: Overseas Divorce and the 1984 Act
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Ogbedo v Oghenerume-Taiga [2024] EWHC 3193 (Fam)12 December 2024
Sir Jonathan Cohen. This is a successful application of NO (herein referred to as ‘F’) to strike out MT’s (herein referred to as ‘M’) application for nullity pursuant to FPR 4.4 on the basis that it was an abuse of the court’s process. The court applied the test in HMRC v Kishore [2021] EWCA 1565.
- Cases
- Nullity
- Jurisdiction
- Divorce Orders
- Overseas Divorce and the 1984 Act
- Striking Out Applications
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TI v LI [2024] EWFC 163 (B)21 June 2024
Recorder Allen KC. Recognition of Pakistani divorce.
- Cases
- Jurisdiction
- Overseas Divorce and the 1984 Act
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WXT v HMT (leave to claim financial relief following overseas divorce) [2024] EWFC 136 (B)7 June 2024
HHJ Vincent. The case concerned an application by W for leave to make a claim for financial relief following an overseas divorce under Part III of the Matrimonial and Family Proceedings Act 1984.
- Cases
- Part III
- Overseas Divorce and the 1984 Act
- Leave Application
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TY v XA [2024] EWFC 9624 April 2024
Moor J. Ripples from the decision in Potanin v Potanina [2024] UKSC 3. Mr Justice Moor reiterated that Potanin had not changed the basic test for the grant of leave to apply for financial relief under Part III, which should from now on be on notice. The test is as set out at section 13 of the 1984 Act. Potanin had stated that applying a test based on ‘compelling reasons’ or ‘knock-out blow’ was wrong.
- Cases
- Overseas Divorce and the 1984 Act
- Appeals
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Potanina (Respondent) v Potanin (Appellant) [2024] UKSC 331 January 2024
By a majority of three to two, the Supreme Court allowed the husband’s appeal. Lord Leggatt gave the leading judgment, with which Lord Lloyd-Jones and Lady Rose agreed. Lord Briggs gave a dissenting judgment, with which Lord Stephens agreed.
- Cases
- Overseas Divorce and the 1984 Act
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A v B (In the matter of the Matrimonial and Family Proceedings Act 1984) [2023] EWFC 241 (B)19 January 2024
HHJ Evans-Gordon. MFPA 1984 Part III. Distribution of the proceeds of sale of a property in England following an overseas divorce.
- Cases
- Overseas Divorce and the 1984 Act
- Needs
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Mahtani v Mahtani [2023] EWHC 2988 (Fam)22 November 2023
Mr James Ewins KC sitting as a deputy High Court judge. Application by W for an order under s 51(3) of the Family Law Act 1986, for non-recognition of the overseas divorce obtained by H in Indonesia and for a stay on her English divorce petition and financial remedies application to be lifted.
- Cases
- Family Law Act 1986
- Jurisdiction
- Non-Recognition of Overseas Divorce
- Divorce Orders
- Overseas Divorce and the 1984 Act
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AS v RS (Costs: Clean Sheet/General Rule) [2023] EWFC 284 (B)6 November 2023
District Judge Troy. Costs in respect of an application for leave pursuant to s 13 Matrimonial and Family Proceedings Act 1984 are subject to ‘Clean Sheet’ rules.
- Cases
- Costs
- Overseas Divorce and the 1984 Act
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AS v RS [2023] EWFC 283 (B)8 July 2023
District Judge Troy. Application by W for leave to bring a claim pursuant to Part III of the Matrimonial and Family Proceedings Act 1984.
- Cases
- Foreign Assets
- Part III
- Overseas Divorce and the 1984 Act
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Unger and another (in substitution for Hasan) (Appellants) v Ul-Hasan (deceased) and another (Respondents) [2023] UKSC 2228 June 2023
The Supreme Court has unanimously dismissed the appeal brought by the wife, Nafisa Hasan, against the magisterial and potentially seminal judgment of Mostyn J in Hasan v Ul-Hasan (Deceased) & Anor [2021] EWHC 1791 (Fam).
- Cases
- Barder Applications
- Overseas Divorce and the 1984 Act
- Maintenance as a Cause of Action
- Setting Aside Orders (Including Barder Applications)
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