header-logo header-logo

08 February 2013
Issue: 7547 / Categories: Case law , Law reports , In Court
printer mail-detail

Family—Divorce—Arbitration

AI v MT [2013] EWHC 100 (Fam)

Family Division, Baker J, 30 January 2013

The High Court has approved a consent order based on a Beth Din procedure in divorce proceedings.

Henry Setright QC and Edward Devereux (instructed by Dawson Cornwell) for the applicant. Marcus Scott-Manderson QC and Teertha Gupta QC (instructed by Manches LLP) for the respondent. 

Both parties to a divorce proceeding were observant orthodox Jews. The father was Canadian and the mother was British. They married in London in August 2006 in a Jewish religious ceremony, followed by a civil ceremony in Toronto in October 2006. There were two children. Tensions arose and the mother applied for a prohibitive steps order against the father, to stop him removing one of the children from her care. After negotiations, the parties agreed to consider alternative dispute resolution by means of a Beth Din hearing in New York. They signed an agreement providing for all disputes arising out of the marriage to be determined by the Beth Din. The judge indicated that the court’s jurisdiction could not be ousted in that fashion

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll