header-logo header-logo

04 March 2011 / Juliet Chapman
Issue: 7455 / Categories: Features , Family
printer mail-detail

New territory

Juliet Chapman considers the first reported case on interim periodical payments in the post-Agbaje era

The English courts are well-versed in divorcing foreign nationals who can establish “habitual residence” in England and Wales and then determining their claims for ancillary relief. They are less practised at granting financial provision in England and Wales under Pt III of the Matrimonial and Family Proceedings Act 1984 (MFPA 1984) following a divorce in a foreign jurisdiction. This article considers (i) the impact of the Supreme Court decision in Agbaje v Akinnoye-Agbaje 2010 UKSC 13, [2010] All ER (D) 92, (Mar) in the recent first instance decision of Mrs Justice Eleanor King in M v M [2011] EWHC 3574 (Fam) and [2010] EWHC 2817 (Fam) and (ii) the court’s approach in dealing with a contemnor in an interim application.

Part III was born from a concern at the hardship to wives and children caused by the effect of a combination of the liberality of the rules relating to the recognition of foreign divorces and the restrictive approach of some

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

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll