Overseas Divorce and the 1984 Act
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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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- Maintenance as a Cause of Action
- Overseas Divorce and the 1984 Act
!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).
- Cases
- Overseas Divorce and the 1984 Act
- Barder Applications
- Setting Aside Orders (Including Barder Applications)
- Maintenance as a Cause of Action
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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.
- Blog
- Overseas Divorce and the 1984 Act
- Maintenance as a Cause of Action
!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…
- Cases
- Maintenance as a Cause of Action
- Overseas Divorce and the 1984 Act
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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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- Professional Ethics
- Conduct
- Costs
- Overseas Divorce and the 1984 Act
- Companies
- Legal Services Payment Orders
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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
- Overseas Divorce and the 1984 Act
- Jurisdiction
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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…
- Cases
- Child Maintenance
- Child Support
- Mirror Orders
- Overseas Divorce and the 1984 Act
- International Enforcement
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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…
- Cases
- Overseas Divorce and the 1984 Act
- Appeals
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Xanthopoulos v Rakshina [2022] EWFC 3012 April 2022
Mostyn J.Comprehensive survey of law on anonymisation of judgments; [74]–[142]. Correct question is 'Why is it in the public interest that the parties should be anonymous?' rather than 'Why is it in the public interest that the parties should be named?'…
- Cases
- Legal Services Payment Orders
- Release from Undertakings
- Publicity and Confidentiality
- Overseas Divorce and the 1984 Act
- Costs
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E v B (Interim Maintenance Inaccurate Time Estimate) [2021] EWFC B904 November 2021
Recorder Chandler.W’s application for interim maintenance and costs allowance in proceedings under Part III. Robust assumptions were made about H’s ability to pay, and W was awarded £3,000 pcm interim maintenance. W’s application for a costs allowance was…
- Cases
- Overseas Divorce and the 1984 Act
- First Appointments
- Case Management
- Interim Relief