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Potanina & the grant of permission without notice

© Copyright LexisNexis 2025. All Rights Reserved.
16 February 2024 / David Burrows
Issue: 8059 / Categories: Features , Procedure & practice , Family
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Are parties’ fundamental rights being overlooked by family courts? David Burrows delves into the weeds
  • What is the procedure for an English and Welsh resident to seek permission to apply for financial provision after a foreign divorce?
  • What must a respondent to an application for permission prove to set aside a successful without notice application for permission?

Procedure for a Matrimonial and Family Proceedings Act 1984, Part III application

The Matrimonial and Family Proceedings Act 1984 (MFPA 1984), Part III was introduced into family proceedings to enable a claimant spouse or civil partner to apply to the court for permission to apply for financial relief following an overseas family breakdown (MFPA 1984, s 13(1)). Much is left by the Act to rules of court. And it is mostly to the procedure set up under the Act that this article and its discussion of Potanina v Potanin [2024] UKSC 3 (31 January 2024) is devoted; for, as the Supreme Court points out in that case, the rules

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