FRJ stage

Jurisdiction

KV v KV [2024] EWFC 165

https://caselaw.nationalarchives.gov.uk/ewfc/2024/165 Peel J. Application by W for (i) Maintenance Pending Suit (MPS) pursuant to s 22 of the Matrimonial Causes Act 1973 and (ii) a Legal Services Payment Order (LSPO) pursuant to s 22ZA of the Matrimonial Causes Act 1973. The parties began

Hemain Injunctions: How to Get Them and When not to Resist Them

Hemain Injunctions: How to Get Them and When not to Resist Them

Part one: the preliminaries I remember vividly the very first time I made an application for a Hemain injunction. The application, made in the Central Family Court, was on behalf of a party seeking an English divorce in circumstances where the other party, who had issued proceedings elsewhere, had applied

The End of the Non-Dom Tax Status: Time Now to End Family Law Domicile Jurisdiction

The End of the Non-Dom Tax Status: Time Now to End Family Law Domicile Jurisdiction

Overview Domicile has been a fundamental basis of jurisdiction in English law including English family law. But it is intrinsically backward-looking, archaic in its concepts, thoroughly unknown or at best misunderstood by the population, differently defined abroad and at odds with many other countries including the EU. With the non-domicile

TI v LI [2024] EWFC 163 (B)

https://caselaw.nationalarchives.gov.uk/ewfc/b/2024/163 Recorder Allen KC. Recognition of Pakistani divorce. Facts W was a dual UK/Pakistani national living in London. H was a Pakistani national living in Pakistan. The parties married in Pakistan on 22 June 2012. W applied to commence divorce proceedings

V v W [2024] EWFC 111

https://caselaw.nationalarchives.gov.uk/ewfc/2024/111 Poole J. The issues for determination were: 1. Does this court have jurisdiction to hear dissolution proceedings in relation to a French pacte civil de solidarite, ‘PACS’ (a form of civil partnership)? 2. If so, is the forum conveniens for dissolution proceedings

SK v RR [2024] EWHC 1418 (Fam)

https://www.bailii.org/ew/cases/EWHC/Fam/2024/1418.html HHJ Moradifar. The primary issue in this case was forum and convenience, which arose from two sets of divorce proceedings. W joined H in the UK after marriage. H issued divorce proceedings in India first and W issued eight

Tousi v Gaydukova [2024] EWCA Civ 203

https://caselaw.nationalarchives.gov.uk/ewca/civ/2024/203 McFarlane P, Moylan and Holroyde LJJ. Are the parties to a void marriage able to apply for a transfer of tenancy as cohabitants, and does the lex loci celebrationis determine the ramifications of invalidity? Appeal from the decision of Mostyn J