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04 March 2011 / Juliet Chapman
Issue: 7455 / Categories: Features , Family
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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

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SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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