Overseas Divorce and the 1984 Act
-
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
- Costs
- Overseas Divorce and the 1984 Act
-
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
- Setting Aside Orders (Including Barder Applications)
- Leave Application
- Overseas Divorce and the 1984 Act
- Part III
- Supreme Court
!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
- Overseas Divorce and the 1984 Act
- Supreme Court
- Setting Aside Orders (Including Barder Applications)
- Leave Application
- Part III
!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
-
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
- Divorce Orders
- Overseas Divorce and the 1984 Act
- Non-Recognition of Overseas Divorce
- Family Law Act 1986
- Jurisdiction
-
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.
- Blog
- Overseas Divorce and the 1984 Act
!31/10/2023 11:15
-
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.…
- Cases
- Publicity and Confidentiality
- Jurisdiction
- Overseas Divorce and the 1984 Act
- Divorce Jurisdiction Post-Brexit