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Separation & Divorce

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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Will a divorce obtained abroad be recognised in England and Wales?

This is a very common but important question for international families as it can impact, amongst other things, a person’s ability to remarry, their inheritance rights or potential tax liabilities. How the English Court’s approach this question The approach to recognition of an overseas divorce depends on where and when

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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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