Jurisdiction
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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TI v LI [2024] EWFC 163 (B)21 June 2024
Recorder Allen KC. Recognition of Pakistani divorce.
- Cases
- Jurisdiction
- Overseas Divorce and the 1984 Act
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V v W [2024] EWFC 11123 May 2024
Poole J. The issues for determination were whether this court had jurisdiction to hear dissolution proceedings in relation to a French pacte civil de solidarité, and, if so, is the forum conveniens for dissolution proceedings nevertheless in France?
- Cases
- Jurisdiction
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SK v RR [2024] EWHC 1418 (Fam)1 May 2024
HHJ Moradifar. The primary issue in this case was forum and convenience, which arose from two sets of divorce proceedings.
- Cases
- Forum Conveniens
- divorce
- Jurisdiction
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Tousi v Gaydukova [2024] EWCA Civ 2036 March 2024
McFarlane P, Moylan and Holroyde LJJ. Are the parties to a void marriage able to apply for a transfer of tenancy as cohabitants, and does the lex loci celebrationis determine the ramifications of invalidity?
- Cases
- Non-Qualifying Ceremony
- Validity of marriage
- Jurisdiction
- Locus Lex Celebrationis
- Void Marriage
- Transfer of Tenancy
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C v D (No 2) (2007 Hague Convention) [2024] EWFC 3627 February 2024
MacDonald J underlines the limited circumstances in which the registration of a maintenance order pursuant to the Hague Convention 2007 may be appealed successfully.
- Cases
- Jurisdiction
- Child Maintenance
- International Enforcement
- Child Support
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VS v KS [2023] EWHC 3475 (Fam)20 November 2023
Arbuthnot J. H’s application for a stay of the financial remedy proceedings in favour of proceedings in Monaco.
- Cases
- Jurisdiction
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MS v FS (No. 3) [2023] EWFC 245 (B)23 December 2023
DDJ Mehta. This was a final hearing in a financial remedy application by H where arguments surrounding jurisdiction following remarriage, and conduct, were raised.
- Cases
- Remarriage
- Jurisdiction
- Conduct
- Needs
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Mahtani v Mahtani [2023] EWHC 2988 (Fam)22 November 2023
Mr James Ewins KC sitting as a deputy High Court judge. Application by W for an order under s 51(3) of the Family Law Act 1986, for non-recognition of the overseas divorce obtained by H in Indonesia and for a stay on her English divorce petition and financial remedies application to be lifted.
- Cases
- Family Law Act 1986
- Jurisdiction
- Non-Recognition of Overseas Divorce
- Divorce Orders
- Overseas Divorce and the 1984 Act
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