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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll