Michael Allum
Published: 13/01/2022 10:55
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. He is also regularly instructed on cases regarding financial provision after an overseas divorce (Part III).
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Potanin v Potanina – the Supreme Court Decision
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.
- Journal
- Overseas Divorce and the 1984 Act
!13/03/2024 07:00
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English EU-Equivalent Divorce Jurisdiction Clearly Out of Step With EU Law
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 comity. They incorporated the relevant EU law into domestic legislation. But not word for word.
- Blog
- Divorce Jurisdiction Post-Brexit
!12/02/2024 17:18
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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, but that is not the end of the story. There are two other grounds which had been raised by the wife in the Court of Appeal, which have been remitted to the Court of Appeal.
- Blog
- Setting Aside Orders (Including Barder Applications)
- Leave Application
- Overseas Divorce and the 1984 Act
- Part III
- Supreme Court
!06/02/2024 11:24
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The Law Is an Ass: Goodbye to the Knock-Out Blow – Potanin v Potanina: the Supreme Court Decision
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 parties in this case have been described as ‘massively rich’ with assets estimated at $20 billion, the judgment will have a significant impact on the way all Part III claims are determined – both in terms of procedure and outcome – going forwards in England.
- Blog
- Overseas Divorce and the 1984 Act
- Supreme Court
- Setting Aside Orders (Including Barder Applications)
- Leave Application
- Part III
!31/01/2024 14:43
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Spousal Maintenance By Formula: The Canadian Experience
The recent announcement by the Law Commission that it is conducting a review into the laws which determine how finances are divided on divorce has re-ignited the discussion as to whether the law on financial remedy provision in England and Wales should be reformed.
- Journal
- Spousal Maintenance (Quantum)
!21/11/2023 07:00
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Important Part III Case in Supreme Court
The appeal in Potanin and Potanina will consider in what circumstances it is appropriate for the English family court to allow a former spouse to make an application for financial provision in England after a foreign divorce pursuant to Part III of the Matrimonial and Family Proceedings Act 1984.
- Blog
- Overseas Divorce and the 1984 Act
!31/10/2023 11:15
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Cohabitation Rights in England and Wales, Scotland and Australia
Across the globe, the composition of families is changing. No longer is marriage the definitive means for defining a family; we have seen the growth of other formalised relationship statuses such as registered partnerships and civil unions. The family outside marriage has now become a statistical reality and something that policymakers should not readily ignore.
- Journal
- Cohabitation
!03/07/2023 08:00
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Looking Back at Duxbury 30 Years On
The Duxbury formula seeks to ascertain a capital amount which if invested to achieve capital growth and income yield (both at assumed rates and after tax on the yield and required gains) could be drawn down in equal inflation-proofed instalments over a period of time (often the recipient’s life expectancy) but would be completely exhausted at the end of the period.
- Journal
!27/03/2023 09:12
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Child Maintenance Outside the Child Maintenance Service: Where Are We Now?
In the majority of cases child maintenance is determined exclusively by the formula prescribed by the Child Maintenance Service (CMS). In summary it is a percentage of the paying parent’s income with deductions for overnight care. But there are some exceptions where the English family court may have the power to make orders in relation to child maintenance.
- Blog
- Child Maintenance
!19/12/2022 12:02
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Part III: Reflections on the 40th Anniversary of the Law Commission's Recommendations
‘As we approach the 40th anniversary of the 1984 Act, the complexities and challenges to which I have referred would suggest that this is an area which could well benefit from consideration by the Law Commission.’Potanina v Potanin [2021] EWCA…
- Journal
- divorce
!01/04/2022 06:24