Overseas Divorce and the 1984 Act

AS v RS [2023] EWFC 283 (B)

Judgment date: 08 July 2023 https://www.bailii.org/ew/cases/EWFC/OJ/2023/283.html District Judge Troy. Application by W for leave to bring a claim pursuant to Part III of the Matrimonial and Family Proceedings Act 1984 (’the MFPA’). Background * This was a six-year marriage with three

Potanin v Potanina – the Supreme Court Decision

Potanin v Potanina – the Supreme Court Decision

Background 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. Although the parties in this case have been described as ‘massively

AS v RS (Costs: Clean Sheet/General Rule) [2023] EWFC 284 (B)

Judgment date: 06 November 2023 https://www.bailii.org/ew/cases/EWFC/OJ/2023/284.html 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. FPR 28.3 provides specific rules for

The Potanin Litigation: a Look Ahead

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. For a summary of the background to the proceedings and an overview of the judgment please see link. The key dates in the proceedings are as follows: * 8 October 2018:

Potanina (Respondent) v Potanin (Appellant) [2024] UKSC 3

Judgment date: 31 January 2024 https://caselaw.nationalarchives.gov.uk/uksc/2024/3 Background Part III of the Matrimonial and Family Proceedings Act 1984 (the 1984 Act) gives the courts in England and Wales power to grant financial remedies after an overseas divorce. Before granting such a remedy, the court

The Law Is an Ass: Goodbye to the Knock-Out Blow – Potanin v Potanina: the Supreme Court Decision

The Law Is an Ass: Goodbye to the Knock-Out Blow – Potanin v Potanina: the Supreme Court Decision

https://www.bailii.org/uk/cases/UKSC/2024/3.html 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

A v B (In the matter of the Matrimonial and Family Proceedings Act 1984) [2023] EWFC 241 (B)

Judgment date: 19 January 2024 https://www.bailii.org/ew/cases/EWFC/OJ/2023/241.html HHJ Evans-Gordon. MFPA 1984 Part III. Distribution of the proceeds of sale of a property in England following an overseas divorce. Background The parties met in 2000 and began cohabiting in the subject property