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26 March 2010 / Gary Yan
Issue: 7410 / Categories: Features , Family
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Jockeying for position

Gary Yan considers Agbaje’s influence on the jurisdictional race

English divorce lawyers are familiar with the phrase “jurisdictional race”, ie securing the jurisdiction which is most favourable to one’s client in a divorce. In a lot of cases, this means a rush to secure the jurisdiction of the English Court in a divorce, given its reputation for being a particularly generous jurisdiction for wives. However, what happens when after a divorce overseas (particularly where there has been a jurisdictional race), a spouse feels that the overseas court has not made any, or has made inadequate, financial provision for them? 

Part III of the Matrimonial and Family Proceedings Act 1994 (MFPA 1994)
Part III of MFPA 1994 might be the answer. It was enacted to give the English Court the power to grant financial relief after a marriage had been dissolved or annulled overseas.

On 10 March 2010, the UK Supreme Court handed down its judgment in the case of Agbaje v Akinnoye-Agbaje [2010] UKSC 13 (Agbaje).
It was a significant judgment not only because it

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MOVERS & SHAKERS

Ward Hadaway—19 promotions

Ward Hadaway—19 promotions

19 promotions across national offices, including two new partners

Brabners—Ruth Hargreaves

Brabners—Ruth Hargreaves

Partner promoted to head of corporate team

Slater Heelis—Liam Hall, Jordan Bear & Joe Madigan

Slater Heelis—Liam Hall, Jordan Bear & Joe Madigan

Chester office expansion accelerates with triple appointment

NEWS
As AI chatbots increasingly provide legal and commercial advice, English law is beginning to confront who should bear responsibility when automated systems get things wrong
Businesses are facing a ‘dramatic rise in prosecution risks’ as sweeping reforms to corporate criminal liability come into force, expanding the net of who can be held responsible for wrongdoing inside organisations
The Court of Appeal’s decision in Mazur v Charles Russell Speechlys has reignited debate over what exactly counts as the ‘conduct of litigation’ in modern legal practice
A controversial High Court financial remedies ruling has reignited debate over secrecy, non-disclosure and fairness in divorce proceedings involving hidden wealth
Britain’s deferred prosecution agreement regime is undergoing a significant shift, with prosecutors placing renewed emphasis on corporate cooperation, reform and early self-reporting
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