Traversa v Freddi [2011] EWCA Civ 81 – Law Journals

International pensions: Running out of options

Ellie Foster highlights the ways in which overseas pensions may be addressed and the need to plan ahead for changes post-Brexit ‘Post-Brexit, unless parties can rely on the primary grounds of jurisdiction, enforcing foreign orders against pensions in this jurisdiction may be at best difficult or at worst impossible.’ The Pension Advisory Group (PAG) report …

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Pensions: Home and away

Bethany Davies highlights problems when dealing with overseas pensions or pensions in this jurisdiction that are subject to an overseas order ‘Ordinarily the default position of pension companies in this jurisdiction is that a pension share will not be implemented unless an order has been made by the court in England and Wales.’ Often, aside …

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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: 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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