Jurisdiction
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AR v BR [2023] EWFC 7613 March 2023
HHJ Lynn Roberts. Divorce proceedings concerning UK nationals who relocated to Dubai in 2020. W commenced divorce proceedings in England. H did not dispute the divorce, but proceeded to say that he did not agree jurisdiction. H later began divorce proceed…
- Cases
- Forum Conveniens
- divorce
- Jurisdiction
- Domicile
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Tousi v Gayukova [2023] EWHC 404 (Fam)27 February 2023
Mostyn J. Does the court have jurisdiction to transfer a (housing association) tenancy between the parties to an invalid marriage? Do the consequences of invalidity fall to be determined under the law of the country of marriage, or only whether the marria…
- Cases
- Non-Qualifying Ceremony
- Validity of marriage
- Jurisdiction
- Locus Lex Celebrationis
- Void Marriage
- Transfer of Tenancy
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Timokhin v Timokhina [2023] EWHC 58 (Fam)17 January 2023
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
- Jurisdiction
- Children Act 1989 Schedule 1 Applications
- Appeals
- Striking Out Applications
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Nicolaisen v Nicolaisen [2022] EWFC 701 July 2022
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
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XO v YO & Anor [2022] EWFC 11422 September 2022
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
- Foreign Assets
- Disclosure
- Jurisdiction
- Conduct
- Hague Convention on the Law Applicable to Trusts and Their Recognition
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Pierburg v Pierburg [2022] EWHC 2701 (Fam)9 September 2022
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
- Agreements
- Jurisdiction
- Overseas Divorce and the 1984 Act
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SA v FA [2022] EWFC 1159 September 2022
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
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Villiers v Villiers [2022] EWCA Civ 77210 June 2022
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
- Maintenance
- Disclosure
- Jurisdiction
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W v H (Financial Remedies: Pensions) [2021] EWFC 6314 September 2021
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
- Pensions on Divorce
- Jurisdiction
- Cohabitation
- Child Maintenance
- Costs
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D (A Child) (Appeal from the Registration of a Maintenance Order) [2022] EWCA Civ 64111 May 2022
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
- Jurisdiction
- Child Maintenance
- Appeals
- International Enforcement