Agbaje v Akinnoye-Agbaje (Rev 1) [2010] UKSC 13; [2009] EWCA Civ 1 – Law Journals

International: Global reach

Sonny Patel sets out a reminder of the financial remedies available in England and Wales following an overseas divorce ‘An important consideration at the beginning of any case that involves multiple jurisdictions is to assess the likelihood of eventually being able to enforce any order that is sought.’Part III of the Matrimonial and Family Proceedings …

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Financial Provision After Overseas Divorce: Second bite

Frank Prior considers whether Part III of the Matrimonial and Family Proceedings Act 1984 remains a relevant option ‘Part III, MFPA 1984 meant that the courts of England and Wales had the discretion to make financial provision following overseas divorces, subject to certain criteria being met.’ I suspect I will find you shivering with cold …

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International Families: Proceed with caution

Zoe Bloom and Hed Amitai examine potential pitfalls for international families and protective measures including nuptial agreements ‘To start divorce proceedings in England and Wales it is only necessary to show habitual residence here. This means that couples moving to England […] are fully exposed to family law in this jurisdiction.’ International mobility is now …

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Pre-Nuptial Agreements: Turning of the tide

Suzanne Todd and Luca Del Panta examine the future of pre-nups in the light of the Law Commission’s report ‘“Needs” in the context of a pre-nuptial agreement can be significantly less than they would otherwise be. But where the guillotine falls in any given case is intensely fact-specific.’ When, in October 2010, the Supreme Court …

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International Focus: Forum decisions

Helen Waite and Victoria Ward outline issues of jurisdiction and options when dealing with a divorce with an international element Generally, financial relief in the USA tends to be more generous to non-working wives than in most European countries (with the exception of England and Wales), especially in states which operate the community of property …

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International: Crossing borders

David Hodson highlights the provisions of the new EU maintenance regulations ‘The separation of resolution of maintenance and non-maintenance is completely normal for continental European family lawyers, but completely alien and seemingly very strange to English practitioners.’ On 18 June 2011, the EU Maintenance Regulation of 18 December 2008 will apply directly within English domestic …

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Costs: Costs consequences

Vanessa Mitchell and James Copson discuss the changes introduced by the costs provisions in the FPR 2010 ‘If one of the intentions of the new rules is to produce a simpler structure for the administration of family justice, then sadly the costs rules have been overlooked and remain fiendishly complicated.’To what extent can the family …

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