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Separation & Divorce

Post Standish – What now for Matrimonialisation?

On 23 May 2024, the Court of Appeal delivered Judgment in the case of Standish v Standish [2024] EWCA Civ 567, unanimously allowing the husband’s appeal from Mr Justice Moor sitting in the Family Division of the High Court.   In 2017 the husband had transferred £77 million (which included

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Conduct – To Plead or not to Plead?

When is conduct relevant? Section 25(2)(g) of the Matrimonial Causes Act 1973 states that for conduct to be taken into account in financial remedy proceedings it needs to be conduct that would, in the opinion of the Court, be inequitable to disregard. What does this mean? Section 4.4 of the

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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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Choosing the right Jurisdiction for your Divorce – Podcast

Lucy Greenwood, Lawyer, Partner and guest speaker, joins host, Chloe O. ‘The Divorce and Separation Coach’, in a podcast discussing the following questions: When do couples have a choice with regards to the jurisdiction they get divorced in? What are the implications of this decision? What should they consider when

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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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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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