Jurisdiction
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Sandeep Kumar Chugh v Latika Chugh [2025] EWFC 424 March 2025
Nicholas Allen KC (sitting as a deputy High Court judge). Final hearing concerning H’s application for recognition of divorce proceedings brought by H in India, and H’s challenge to the jurisdictional basis of divorce proceedings brought in the UK by W.
- Cases
- Family Law Act 1986
- Jurisdiction
- Stay Pending Resolution of Overseas Proceedings
- Stay of Proceedings
- Non-Recognition of Overseas Divorce
- International Enforcement
- Recognition of Indian Divorce
- Setting Aside Orders (Including Barder Applications)
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AN v NO [2024] EWFC 949 May 2024
Sir Jonathan Cohen. Jurisdiction dispute concerning (i) whether the courts of England and Wales have jurisdiction to entertain W’s divorce application; and (ii) whether, if there is jurisdiction, England and Wales is the forum conveniens.
- Cases
- Jurisdiction
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Re CB (Financial Remedies: Antisuit Injunction) [2025] EWHC 427 (Fam)25 February 2025
HHJ Moradifar. Application by the husband for an anti-suit injunction to prevent the wife from pursuing, participating or otherwise continuing any applications for periodical payments for the children of the family or any other applications relating to their marriage in the courts of India.
- Cases
- Injunctions
- Habitual Residence
- Forum Conveniens
- Jurisdiction
- Child Maintenance
- Periodical Payments
- Anti-Suit Injunctions
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QW v GH [2025] EWFC 19 (B)31 January 2025
DJ Worthley. Final hearing in a financial relief claim brought by W 8 years after the parties separated.
- Cases
- Post-Separation Accrual
- Jurisdiction
- Delay
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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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T v B [2024] EWHC 3251 (Fam)8 November 2024
Trowell J. Application by the wife to continue a Hemain injunction made at short notice against the husband. H applied to set aside the injunction made.
- Cases
- Injunctions
- Jurisdiction
- Hemain
- Foreign Divorce
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AJ v FJ (Appeal Against Registration) [2024] EWFC 3566 December 2024
MacDonald J. This matter concerned a successful appeal against the decision of the Maintenance Enforcement Business Centre to register a Polish interim maintenance order obtained by the respondent from the District Court in Jelenia Gora on 15 December 2022.
- Cases
- Jurisdiction
- Child Maintenance
- Appeals
- 2007 Hague Convention
- Enforcement
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KV v KV [2024] EWFC 1653 July 2024
Peel J. Application by W for (i) Maintenance Pending Suit pursuant to s 22 of the Matrimonial Causes Act 1973 and (ii) a Legal Services Payment Order pursuant to s 22ZA of the Matrimonial Causes Act 1973.
- Cases
- Foreign Assets
- Interim Relief
- Jurisdiction
- Maintenance Pending Suit
- Legal Services Payment Orders
Hemain Injunctions: How to Get Them and When not to Resist Them
A Hemain injunction application is typically made in the context of jurisdiction and/or forum non-conveniens proceedings. It is designed to restrain the respondent from progressing their rival overseas divorce petition pending the English court’s decision whether to dismiss or stay the English petition.
- Journal
- Injunctions
- divorce
- Jurisdiction
- Forum Non-Conveniens
- Suit
- Hemain
- International Family Law
!22/11/2024 06:00
The End of the Non-Dom Tax Status: Time Now to End Family Law Domicile Jurisdiction
Domicile has been a fundamental basis of jurisdiction in English law including English family law. But it is intrinsically backward-looking, archaic in its concepts, thoroughly unknown or at best misunderstood by the population, differently defined abroad and at odds with many other countries including the EU. With the non-domicile tax status being abolished as announced in the budget in late October 2024, is it not time now to end domicile as a family law basis of jurisdiction? Nationality is a far more straightforward, certain and modern basis.
- Blog
- Jurisdiction
- Domicile
!11/11/2024 11:48
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