Overseas Divorce and the 1984 Act
Important Part III Case in Supreme Court
The appeal in Potanin and Potanina will consider in what circumstances it is appropriate for the English family court to allow a former spouse to make an application for financial provision in England after a foreign divorce pursuant to Part III of the Matrimonial and Family Proceedings Act 1984.
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!31/10/2023 11:15
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AW v AH [2022] EWFC 19511 August 2022
Deputy District Judge Michael Horton QC. The reserved judgment at a final hearing for financial relief under Part III of the 1984 Act. Short marriage of 3 years including cohabitation, one child of the family aged 3.5 living with the wife (AW) in England.…
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Hasan, Statutory Construction, and the Barder Conundrum
By now there will be plenty of material online summarising the decision in Hasan and proffering some commentary. I appeared as junior counsel for the Respondents in the appeal (led by Andrzej Bojarski and Tim Amos KC, instructed by Expatriate Law). The Ap…
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!01/07/2023 14:21
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Unger and another (in substitution for Hasan) (Appellants) v Ul-Hasan (deceased) and another (Respondents) [2023] UKSC 2228 June 2023
The Supreme Court has unanimously dismissed the appeal brought by the wife, Nafisa Hasan, against the magisterial and potentially seminal judgment of Mostyn J in Hasan v Ul-Hasan (Deceased) & Anor [2021] EWHC 1791 (Fam).
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The Death of a Financial Remedy Claim: the Supreme Court Decision
The Supreme Court handed down judgment in Unger and another (in substitution for Hasan) v Ul-Hasan (deceased and another) [2023] UKSC 22.
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!28/06/2023 10:01
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Hasan v Ul-Hasan (Deceased) & Anor [2021] EWHC 1791 (Fam)2 July 2021
Mostyn J. Does an unadjudicated claim by a wife under Part III Matrimonial and Family Proceedings Act 1984 survive the death of the husband and thus be continued against his estate? This is the first instance judgment including certification to appeal dir…
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Xanthopoulos v Rakshina [2023] EWFC 504 April 2023
Sir Jonathan Cohen. The latest and, one hopes, final episode in a legal saga involving financial remedy, jurisdiction and children litigation spaning 60 hearings between Russia and England, in which H alone had sought counsel and legal advice from 7 firms…
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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’)…
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VSN v Secretary of State for Work and Pensions and JN [2022] UKUT 138 (Administrative Appeals Chamber)17 May 2022
Upper Tribunal Judge Poynter.This was an application for permission to appeal, persuasive but not binding, and published because it dealt with a novel situation: was a mirror order a “maintenance order” within the meaning of the Child Support…
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Lockwood v Greenbaum [2022] EWHC 845 (Fam)13 April 2022
Moor J.W applied for permission in this jurisdiction to bring an application pursuant to Part III of the Matrimonial and Family Proceedings Act 1984 (‘1984 Act’) for financial provision following a divorce in New Zealand. Permission was refused at first i…
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