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.
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!31/01/2024 14:43
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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.
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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.
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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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- Overseas Divorce and the 1984 Act
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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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