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). He is a member of the Financial Remedies Journal editorial board and of the Duxbury Working Party.
Will Delays in Converting Arbitral Awards into Court Orders Deter the Use of Arbitration?
Since the Court of Appeal’s judgment in Haley v Haley [2020] EWCA Civ 1369 there have been numerous attempts to encourage litigants and legal representatives to use arbitration to resolve family law disputes. The recent case of ON v ON [2024] EWFC 379 illustrates the difficulties which can arise when there is a change of circumstances between an arbitral award being delivered and reflected in a court order.
- Journal
- arbitration
!18/03/2025 06:00
Report of the Duxbury Working Party (final), November 2024
A provisional version of this report was published on 2 October 2024 and invited representations for consideration by the Working Party ahead of publication of this final report. Such representations as were received are summarised in Appendix 6, and in a few instances in alterations to the text of the report. The main recommendations of the Working Party have not changed following consideration of those representations. The figures in the illustrative tables in Appendix 5 have been revised to reflect increases in the rate of Capital Gains Tax announced and implemented in the October 2024 budget.
- Blog
- Journal
- Duxbury Capitalisation
!25/11/2024 16:07
Valuation and Treatment of Business Interests on Divorce in England and Australia
The definition of ‘value’ is the present value of expected future net economic benefits to be generated by an asset. This definition alone gives an indication as to the complexities in arriving at a reasonable value of an asset. The complexities when seeking to determine the value of an asset where there is no sale/purchase negotiation underway increase exponentially.
- Journal
- SeparateSpace
- Tech Corner
- Access to Justice
- AI
- Legal Tech
- Innovation
!22/11/2024 06:00
Report of the Duxbury Working Party (provisional), September 2024
The Duxbury Working Party have just released their provisional report. It has been prepared without any prior public consultation and is published provisionally to allow interested parties to respond. Responses should be emailed to j.rainer@qeb.co.uk by 1 November 2024 and will be considered by the Working Party ahead of publication of their final report which is intended to be on 15 November 2024.
- Blog
- Duxbury Capitalisation
!02/10/2024 13:31
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
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