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).
Important Development in the Marinos/Munro Saga
Although the judgment by Recorder Allen KC in TI v LI [2024] EWFC 163 (B) (21 June 2024) is not binding, and the comment is obiter, it contains a helpful analysis of the current state of the law. After considering the background the judge adopted a purposive approach and took the view that habitual residence was required throughout the whole period rather than just on the day of issue.
- Blog
- Habitual Residence
!08/07/2024 15:10
Potential Curtailment of the English Court’s Powers Under Part III MFPA
The recent decision in TY v XA [2024] EWFC 96 has received attention as the first reported MFPA 1984 Part III leave/set aside case since the Supreme Court decision in Potanina v Potanin. What has perhaps gone under the radar is the suggestion made that the English family court may be prevented from making a maintenance order under Part III if there is a post-Brexit maintenance agreement or order from another 2007 Hague Convention signatory.
- Blog
- Part III
- Maintenance
!04/06/2024 10:32
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). To support these changes the pre-action protocol (PAP) annexed to FPR PD 9A has also been updated.
- Blog
- NCDR
!30/05/2024 09:31
Standish Primer in Advance of Court of Appeal Judgment
Short primer ahead of the hotly anticipated judgment in the case of Standish which is due to be handed down by the Court of Appeal tomorrow. Watch this space for a case summary and blog post once the judgment has been reported.
- Blog
- Matrimonial and Non-Matrimonial Property
!22/05/2024 14:05
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
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
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
- Part III
- Supreme Court
- Setting Aside Orders (Including Barder Applications)
- Leave Application
- Overseas Divorce and the 1984 Act
!06/02/2024 11:24
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
- Part III
- Overseas Divorce and the 1984 Act
- Supreme Court
- Setting Aside Orders (Including Barder Applications)
- Leave Application
!31/01/2024 14:43
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
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