Divorce: All in the past?

Weightmans LLP | March 2022 #211
Lottie Tyler analyses the requirements for a divorce to be recognised as an overseas divorce in transnational cases The specificity as to the institution of the proceedings taking place in the same country in which the divorce was obtained is the primary focus of the relevant case law and the reason why there are some …

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Pt III, MFPA 1984: End of the road?

Raworths LLP | October 2021 #207
Ellie Foster and Claire Hunter question whether the idiom ‘till death us do part’ really applies where money is concerned In Hasan, Mostyn J identified clear inconsistencies between the courts’ treatment of a party pursuing an undetermined claim on death as against appealing a decision on death. Claims under Pt III, Matrimonial and Family Proceedings …

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Overseas divorce: Tread carefully

Clarke Willmott LLP | April 2021 #202
Lizzie Smith and Laura Bond summarise the key elements of relief under Part III of the Matrimonial and Family Proceedings Act 1984 and the potential implications of the UK leaving the EU on such claims That a foreign court may have already made a financial order is not an automatic bar to a claim under …

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