Jurisdiction
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Timokhin v Timokhina [2023] EWHC 58 (Fam)
Roberts J. Was a decision to stay a Sch 1 application pending conclusion of proceedings in another jurisdiction a substantive or procedural one?The parties were Russian nationals and parents to two children, aged 11 and 18. The children had lived in Londo…
- Cases
- Striking Out Applications
- Jurisdiction
- Appeals
- Children Act 1989 Schedule 1 Applications
!17/01/2023 09:00
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XO v YO & Anor [2022] EWFC 114
HHJ Hess. Financial remedies decision concerning whether English court had jurisdiction to determine a claim in respect of immovable property situated outside England where the claim is based on equity; and can adverse inferences be drawn from a party’s f…
- Cases
- Jurisdiction
- Disclosure
- Foreign Assets
- Conduct
- Hague Convention on the Law Applicable to Trusts and Their Recognition
!22/09/2022 09:00
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SA v FA [2022] EWFC 115
HHJ Hess. Judgment concerning divorce proceedings, domicile and the most appropriate forum.The parties met and married in England; the W was originally from South Africa. They had moved to the UAE in 2008 and remained there due to the H’s job; both appear…
- Cases
- divorce
- Jurisdiction
- Domicile
- Forum
!09/09/2022 09:00
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Pierburg v Pierburg [2022] EWHC 2701 (Fam)
Facts Moor J (‘the judge’) dealt with an application made by Clarissa Gisela Pierburg (‘W’) for financial provision after an overseas divorce pursuant to Part III of the Matrimonial and Family Proceedings Act 1984. The respondent was Jurgen Pierburg (‘H’)…
- Cases
- Repudiation
- Overseas Divorce and the 1984 Act
- Jurisdiction
- Agreements
!09/09/2022 09:00
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Nicolaisen v Nicolaisen [2022] EWFC 70
Moor J. A case involving complex jurisdiction arguments, habitual residence, international marital agreements and underlying assets worth over £200m.Husband (‘H’) was 70 years old and a Norwegian national. The Wife (‘W’) was 50 years old, born in Turkmeni…
- Cases
- Jurisdiction
- Forum Disputes
- Forum
!01/07/2022 09:00
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Villiers v Villiers [2022] EWCA Civ 772
Moylan LJ, Coulson LJ and Arnold LJ.Appeal concerning an order by Mostyn J dismissing W’s application under s 27 of MCA 1973. Case provides useful content on the interpretation and application of s 27. It was concluded that W’s application had been wrongl…
- Cases
- Jurisdiction
- Maintenance
- Disclosure
!10/06/2022 09:00
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D (A Child) (Appeal from the Registration of a Maintenance Order) [2022] EWCA Civ 641
Lord Justice Lewison, Lord Justice Moylan and Lord Justice Baker.Case concerning the extent of the right to appeal from the registration in England and Wales of a foreign child maintenance order.M and F were married in the USA but made their home in Engla…
- Cases
- Child Maintenance
- Jurisdiction
- International Enforcement
- Appeals
!11/05/2022 16:32
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DX v JX [2022] EWFC 19
Moor J.H’s application to vary and/or terminate a spousal periodical payments order, which was agreed by consent in 2017 in England. The spousal periodical payments order was a fixed percentage of H’s income, as opposed to being calculated by reference to…
- Cases
- Variation Applications
- Jurisdiction
- Spousal Maintenance (Quantum)
- Release from Undertakings
!16/03/2022 09:00
Jurisdiction in Practice Post-Brexit
Mark Ablett, Pump Court Chambers, provides an outline glance at jurisdiction domestically and relationships with EU Member States post-Brexit, including divorce jurisdiction and what takes the place of the lis pendens provisions from Brussels IIa.
- Watch
- Jurisdiction
!11/11/2021 10:59
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W v H (Financial Remedies: Pensions) [2021] EWFC 63
Recorder Salter.Modest assets. Case involved pensions, third-party property, excessive litigation costs and jurisdiction of the court to make an order for child maintenance where the care of a child was shared equally between the parties, and thus there w…
- Cases
- Cohabitation
- Child Maintenance
- Pensions on Divorce
- Jurisdiction
- Costs
!14/09/2021 09:00