Part III
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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
Potential Curtailment of the English Court’s Powers Under Part III MFPA
The recent decision in TY v XA [2024] EWFC 96 has received attention as the first reported MFPA 1984 Part III leave/set aside case since the Supreme Court decision in Potanina v Potanin. What has perhaps gone under the radar is the suggestion made that the English family court may be prevented from making a maintenance order under Part III if there is a post-Brexit maintenance agreement or order from another 2007 Hague Convention signatory.
- Blog
- Part III
- Maintenance
!04/06/2024 10:32
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Xanthopoulos v Rakshina [2024] EWCA Civ 848 February 2024
King, Bean and Moylan LJJ. Epic saga of litigation concludes with the Court of Appeal substituting a final order made in Part III proceedings.
- Cases
- Part III
- Housing Need
- Conduct
- Costs
- Appeals
- Needs
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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
- Foreign Assets
- Part III
- Overseas Divorce and the 1984 Act
AS v RS and Part III Applications
Legal and academic commentary since Potanina has focused on how the decision is likely to give rise to many more applications to set aside leave. What then, of the costs consequences for the unsuccessful applicant who now finds themselves either (i) being listed on notice on an inter-partes basis so the court can determine the question of leave having had the benefit of hearing from both parties, or (ii) having obtained leave ex parte, finds themselves having to defend the court’s decision to grant permission without hearing from the respondent when that respondent inevitably applies to set aside the grant of leave?
- Blog
- Part III
- Costs
!22/03/2024 16:13
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
- Supreme Court
- Part III
- Overseas Divorce and the 1984 Act
- Leave Application
- Setting Aside Orders (Including Barder Applications)
!06/02/2024 11:24
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
- Supreme Court
- Part III
- Overseas Divorce and the 1984 Act
- Leave Application
- Setting Aside Orders (Including Barder Applications)
!31/01/2024 14:43
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