Supreme Court ruling on overseas divorces - Emily Brand comments - Boodle Hatfield

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01 Feb 2024

Supreme Court ruling on overseas divorces – Emily Brand comments

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Emily Brand View profile
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Yesterday’s Supreme Court judgment on applications for financial relief in Potanina v Potanin, following an overseas divorce has been described as ‘long overdue’ and ‘a warning that an application in this jurisdiction is not necessarily a meal ticket’. The case concerned whether the court should have granted the wife permission to apply for financial relief pursuant to Part III of the Matrimonial and Family Proceedings Act 1984. The majority judgment in Potanina v Potanin found the practice in dealing with application for leave under Part III of the Matrimonial and Family Proceedings Act 1984 flouted the essential requirement of procedural fairness.

In Today's Family Lawyer, Head of Family Law, Emily Brand comments:

“The Supreme Court’s decision to allow the husband’s appeal leaves the door open for yet more litigation for these warring spouses, who have already been fighting each other in courts across the globe for a decade. The Court of Appeal will now have to consider the issue afresh as to whether the wife’s application for an increase in her Russian divorce settlement can be entertained in this jurisdiction – and so the battle continues.”

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