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Finances

Economic Abuse in Family Proceedings

Economic Abuse Economic abuse is a form of domestic abuse and is defined at section 1(4) of the Domestic Abuse Act 2021 as ‘any behaviour that has a substantial adverse effect on B’s ability to (a)acquire, use or maintain money or other property, or (b)obtain goods or service’.  There is

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Potential Curtailment of the English Court’s Powers Under Part III MFPA

The recent decision of Moor J in TY v XA [2024] EWFC 96 (24 April 2024) has received attention as the first reported MFPA 1984 Part III leave/set aside case since the Supreme Court decision in Potanina v Potanin [2024] UKSC 3 (31 January 2024). The judgment contains some helpful clarifications including that applications for leave

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Revised Finance Pre-Action Protocol

On 29 April 2024 important changes were made to FPR Part 3 and Part 28 to promote non-court dispute resolution (NCDR). These changes include requiring the court to encourage parties to use NCDR, the introduction of a new form (FM5) requiring parties to set out their views on NCDR, and

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Greece Legalises Marriage for Same-sex Couples

Friday 16 February 2024 was a symbolic day in Greece. A landmark bill was passed by the Hellenic Parliament legalising same-sex marriage. Greece is the first Orthodox Christian country in the world to do so. A cross-party majority of 176 lawmakers in the 300-seat parliament voted in favour of the

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The Potanin Litigation: A Look Ahead

On 31 January 2024 the Supreme Court handed down judgment in the case of Potanin and Potanina [1].  For a summary of the background to the proceedings and an overview of the judgment please click here. The key dates in the proceedings are as follows: 8 October 2018: The wife

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The law is an ass: goodbye to the knock-out blow

Potanin v Potanina: The Supreme Court Decision On 31 January 2024 the Supreme Court handed down the much-awaited judgment in Potanin v Potanina [1].  These proceedings relate to financial claims which can be brought in England for financial provision after an overseas divorce.  Although the parties in this case have

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Spousal Maintenance by Formula: The Canadian Experience

Introduction The recent announcement by the Law Commission that it is conducting a review into the laws which determine how finances are divided on divorce has re-ignited the discussion as to whether the law on financial remedy provision in England and Wales should be reformed. One of the areas which

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