header-logo header-logo

New territory

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

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

DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS
Charles Pigott of Mills & Reeve reports on Haynes v Thomson, the first judicial application of the Supreme Court’s For Women Scotland ruling in a discrimination claim, in this week's NLJ
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
Artificial intelligence may be revolutionising the law, but its misuse could wreck cases and careers, warns Clare Arthurs of Penningtons Manches Cooper in this week's NLJ
back-to-top-scroll