Are parties’ fundamental rights being overlooked by family courts? David Burrows delves into the weeds
- What is the procedure for an English and Welsh resident to seek permission to apply for financial provision after a foreign divorce?
- What must a respondent to an application for permission prove to set aside a successful without notice application for permission?
Procedure for a Matrimonial and Family Proceedings Act 1984, Part III application
The Matrimonial and Family Proceedings Act 1984 (MFPA 1984), Part III was introduced into family proceedings to enable a claimant spouse or civil partner to apply to the court for permission to apply for financial relief following an overseas family breakdown (MFPA 1984, s 13(1)). Much is left by the Act to rules of court. And it is mostly to the procedure set up under the Act that this article and its discussion of Potanina v Potanin [2024] UKSC 3 (31 January 2024) is devoted; for, as the Supreme Court points out in that case, the rules which Parliament has delegated to rule makers are not being followed
