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Supreme Court judgment sends ‘warning shot’ to oversea divorcees

1st February 2024

Law Gazette

Today’s Supreme Court judgment on applications for financial relief following an overseas divorce has been described as ‘long overdue’ and ‘a warning that an application in this jurisdiction is not a meal ticket’.

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.

Baroness Shackleton, who represented Potanin, said: ‘I am delighted, and grateful to the Supreme Court for its careful analysis of how this troubling practice had developed in family law and for putting it right. The judge at first instance wished to change his mind having heard from both parties and I am pleased that he has been vindicated for doing so. Divorce tourists will now have their claims subject to fair and robust scrutiny before being granted leave in this jurisdiction. It is long overdue.’

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The approved source of guidance to the official Standard Family Court Orders, covering Children and Other Orders.

HHJ Kambiz Moradifar, Nasstassia Hylton, Steven Howard, Edward Bennett, and Alexander Laing provide invaluable commentary on when and how to use each order, with a brief description of its purpose. The text of the orders is also interwoven with useful practice points from the authors. In addition, the colour coding in the approved orders has been reproduced so that you can easily see what to amend when drafting your orders.

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