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SK v RR [2024] EWHC 1418 (Fam)

Judgment date: 01 May 2024 https://www.bailii.org/ew/cases/EWHC/Fam/2024/1418.html HHJ Moradifar. The primary issue in this case was forum and convenience, which arose from two sets of divorce proceedings. W joined H in the UK after marriage. H issued divorce proceedings in India

A Brilliantly Logical Approach to Dealing with Pensions

A Brilliantly Logical Approach to Dealing with Pensions

https://www.bailii.org/ew/cases/EWFC/OJ/2024/72.html SP v AL [2024] EWFC 72(B) In this judgment, His Honour Judge Hess sets an example of how, by following a logical thought process, seemingly complex pensions can be reduced to a very straightforward outcome. This case addresses

Watch | Pensions on Divorce update 24

Watch | Pensions on Divorce update 24

Watch the recording of HHJ Edward Hess; Rhys Taylor, The 36 Group; Professor Emma Hitchings, Bristol University; Jonathan Galbraith, Mathieson Consulting, and Beth Kirkland, Law for Life. This seminar reviews developments in light of PAG2, recent case law, industry and market developments and the imminent publication of the Law For

Re RA (Appeal: Validity of a Marriage: Finding of Fact) [2024] EWHC 1144 (Fam)

Judgment date: 15 May 2024 https://www.bailii.org/ew/cases/EWHC/Fam/2024/1144.html Henke J. Successful appeal of a fact-finding, despite such an appeal being ‘notoriously difficult’. Facts The parties entered into a relationship in 1995. They were Islamically married on 4 August 1999 and a civil

C v S [2024] EWFC 109

Judgment date: 15 May 2024 https://caselaw.nationalarchives.gov.uk/ewfc/2024/109 Peel J. H’s D11 application in relation to the implementation of a final order in matrimonial finance proceedings. The funds which were the subject of this application were £900,000 held by H for the benefit

Potential Curtailment of the English Court’s Powers Under Part III MFPA

Potential Curtailment of the English Court’s Powers Under Part III MFPA

The recent decision of Moor J in TY v XA [2024] EWFC 96 (24 April 2024) has received attention as the first reported MFPA 1984 Part III leave/set aside case since the Supreme Court decision in Potanina v Potanin [2024] UKSC 3 (31 January 2024). The judgment contains some

‘Known Unknowns and Unknown Unknowns’ – Can a Change in the Law Be a Barder Event?

‘Known Unknowns and Unknown Unknowns’ – Can a Change in the Law Be a Barder Event?

Can a change in domestic law, resulting from judicial tergiversation, ever satisfy the Barder test? The answer to this question depends, in part, on how widely or narrowly the Barder test is interpreted. In recent years it has often been interpreted narrowly – particularly by Mostyn J in DB v DLJ