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
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
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
For those romantics, escapees from tradition (Las Vegas chapel not country church) or the merely impetuous, what does getting married abroad mean in terms of validity of the marriage? And for those who marry abroad and subsequently move to live in the UK, is their marriage recognised? The determination of
Summary Some Embassies and Consulates in London perform marriages within their buildings in accordance with their own domestic law. Whilst this may be permitted according to the law of the country of the embassy or consulate, these marriages may not be recognised in English law. This may have very significant
iFLG partner Michael Allum reviews the English family court’s power to make financial orders following foreign divorces (Part III) and asks whether it is time for the leave/permission filter mechanism to be reformed. Summary Fresh proceedings for financial claims after a divorce has already taken place in another country are
That is to be the position in New York after Governor Andrew Cuomo announced on 18 April 2020 that he had signed an Executive Order allowing New Yorkers to obtain marriage licences remotely and authorising clerks to perform ceremonies via video conference. Similar measures have also been introduced in Colorado
As there can be dramatic financial and other differences for an international family in proceedings in one country or another, jurisdiction is fundamentally important. It is sometimes based on nationality. But some countries prevent citizens having nationality of more than one country. International family lawyers need to be aware of
DO’S DO go and see a specialist international family lawyer in the country where you reside as soon as possible. The meeting is for information gathering and confidential. You will feel empowered by doing so. DO then consider doing the same exercise in the country where you and your spouse have the
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