header-logo header-logo

26 March 2010 / Gary Yan
Issue: 7410 / Categories: Features , Family
printer mail-detail

Jockeying for position

Gary Yan considers Agbaje’s influence on the jurisdictional race

English divorce lawyers are familiar with the phrase “jurisdictional race”, ie securing the jurisdiction which is most favourable to one’s client in a divorce. In a lot of cases, this means a rush to secure the jurisdiction of the English Court in a divorce, given its reputation for being a particularly generous jurisdiction for wives. However, what happens when after a divorce overseas (particularly where there has been a jurisdictional race), a spouse feels that the overseas court has not made any, or has made inadequate, financial provision for them? 

Part III of the Matrimonial and Family Proceedings Act 1994 (MFPA 1994)
Part III of MFPA 1994 might be the answer. It was enacted to give the English Court the power to grant financial relief after a marriage had been dissolved or annulled overseas.

On 10 March 2010, the UK Supreme Court handed down its judgment in the case of Agbaje v Akinnoye-Agbaje [2010] UKSC 13 (Agbaje).
It was a significant judgment not only because it was the first matrimonial finance case to be heard by

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