Overseas Divorce and the 1984 Act
-
TI v LI [2024] EWFC 163 (B)21 June 2024
Recorder Allen KC. Recognition of Pakistani divorce.
- Cases
- Overseas Divorce and the 1984 Act
- Jurisdiction
-
WXT v HMT (leave to claim financial relief following overseas divorce) [2024] EWFC 136 (B)7 June 2024
HHJ Vincent. The case concerned an application by W for leave to make a claim for financial relief following an overseas divorce under Part III of the Matrimonial and Family Proceedings Act 1984.
- Cases
- Part III
- Overseas Divorce and the 1984 Act
- Leave Application
-
TY v XA [2024] EWFC 9624 April 2024
Moor J. Ripples from the decision in Potanin v Potanina [2024] UKSC 3. Mr Justice Moor reiterated that Potanin had not changed the basic test for the grant of leave to apply for financial relief under Part III, which should from now on be on notice. The test is as set out at section 13 of the 1984 Act. Potanin had stated that applying a test based on ‘compelling reasons’ or ‘knock-out blow’ was wrong.
- Cases
- Overseas Divorce and the 1984 Act
- Appeals
-
AS v RS [2023] EWFC 283 (B)8 July 2023
District Judge Troy. Application by W for leave to bring a claim pursuant to Part III of the Matrimonial and Family Proceedings Act 1984.
- Cases
- Overseas Divorce and the 1984 Act
- Part III
- Foreign Assets
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
-
AS v RS (Costs: Clean Sheet/General Rule) [2023] EWFC 284 (B)6 November 2023
District Judge Troy. Costs in respect of an application for leave pursuant to s 13 Matrimonial and Family Proceedings Act 1984 are subject to ‘Clean Sheet’ rules.
- Cases
- Overseas Divorce and the 1984 Act
- Costs
The Potanin Litigation: a Look Ahead
On 31 January 2024 the Supreme Court handed down judgment in the case of Potanin and Potanina [2024] UKSC 3, but that is not the end of the story. There are two other grounds which had been raised by the wife in the Court of Appeal, which have been remitted to the Court of Appeal.
- Blog
- Part III
- Supreme Court
- Setting Aside Orders (Including Barder Applications)
- Leave Application
- Overseas Divorce and the 1984 Act
!06/02/2024 11:24
-
Potanina (Respondent) v Potanin (Appellant) [2024] UKSC 331 January 2024
By a majority of three to two, the Supreme Court allowed the husband’s appeal. Lord Leggatt gave the leading judgment, with which Lord Lloyd-Jones and Lady Rose agreed. Lord Briggs gave a dissenting judgment, with which Lord Stephens agreed.
- Cases
- Overseas Divorce and the 1984 Act
The Law Is an Ass: Goodbye to the Knock-Out Blow – Potanin v Potanina: the Supreme Court Decision
On 31 January 2024 the Supreme Court handed down the much-awaited judgment in Potanin v Potanina [2024] UKSC 3. These proceedings relate to financial claims which can be brought in England for financial provision after an overseas divorce. Although the parties in this case have been described as ‘massively rich’ with assets estimated at $20 billion, the judgment will have a significant impact on the way all Part III claims are determined – both in terms of procedure and outcome – going forwards in England.
- Blog
- Part III
- Overseas Divorce and the 1984 Act
- Supreme Court
- Setting Aside Orders (Including Barder Applications)
- Leave Application
!31/01/2024 14:43
-
A v B (In the matter of the Matrimonial and Family Proceedings Act 1984) [2023] EWFC 241 (B)19 January 2024
HHJ Evans-Gordon. MFPA 1984 Part III. Distribution of the proceeds of sale of a property in England following an overseas divorce.
- Cases
- Overseas Divorce and the 1984 Act
- Needs