header-logo header-logo

08 December 2023 / Harriet Errington
Issue: 8052 / Categories: Features , Family , Divorce
printer mail-detail

London courts: a home from home?

150649
Divorce in the Supreme Court—Harriet Errington highlights the power of Pt III applications
  • The wide-ranging powers of the English court to intervene following foreign divorce proceedings.

The long-running case of Potanina v Potanin [2021] EWCA Civ 702, [2021] All ER (D) 47 (Jun) has recently been heard by the Supreme Court, on the issue of whether the wife should be granted permission to apply for financial relief in England following an overseas divorce. This case has once more brought into focus the wide-ranging powers of the English court to intervene following foreign divorce proceedings.

Part III of the Matrimonial and Family Proceedings Act 1984 enables family courts in England and Wales to make orders for financial provision after a divorce has already been obtained in another jurisdiction, if insufficient provision (or indeed no provision at all) has been made to the financially weaker spouse overseas. The legislation was intended to protect vulnerable parties to a divorce who had strong connections to England, in circumstances where the other party

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis is delighted to announce the launch of the LexisNexis Legal Awards 2027, celebrating outstanding achievement, innovation and impact across the legal profession
The Legal Services Board (LSB) is to take further enforcement action against the Solicitors Regulation Authority (SRA), setting additional performance targets and ‘intensifying’ its oversight, it has said
Regulators missed several opportunities to intervene in PM Law Group before it collapsed, an independent review by City firm Jenner & Block has found
An employer’s vicarious liability for the alleged torts of an employee cannot be transferred by TUPE, the Court of Appeal has confirmed
Tiered fees of up to £1,500 for Legal Ombudsman (LeO) cases could leave firms with little option but to pay out, lawyers have warned
back-to-top-scroll