07th Mar 2024

A Video: LexisNexis Family Law End of Year Round-up 2023 ft. FLiP

A Video: LexisNexis Family Law End of Year Round-up 2023 ft. FLiP

 

Rebecca Alexander and David Allison of FLiP discuss the key developments in Family Law during 2023 in this webinar hosted by LexisNexis. You can watch the full webinar here (use code FAMILY20 for 20% off) or you can view two clips of the webinar to get a feel for the topics covered.

In the first clip, David Allison discusses a case involving a pre-nuptial agreement which was signed three months before the couple’s marriage. The agreement provided various levels of financial provision for the wife in the event of a separation. The husband subsequently filed for divorce and the wife suggested that she had been coercively controlled by the husband and she sought a greater financial award than that which was provided for by the pre-nuptial agreement. The husband issued a show cause application. The judge found that there was no evidence of coercive control and the wife was held to the terms of the pre-nuptial agreement.

You can find out more about pre-nuptial agreements by visiting our dedicated website page here.

In this second clip, Rebecca Alexander discusses the case of J&A concerning forum conveniens. The case was a successful application to stay (halt) divorce proceedings.

The parties met in Dubai, married in England and had a civil ceremony in Nigeria where they moved to in 2009. They then moved back to England in 2011. Their children were born in England. The husband returned to Nigeria in 2022 where he filed for divorce. The wife applied for a divorce in England unaware of the husband’s petition in Nigeria.

The husband argued that the Nigerian court was the more appropriate and convenient court to deal with the divorce. The wife disputed this. The court found that the parties were more connected to England having been habitually resident there for 11 years at the time of the divorce proceedings. The court did not place much weight on the fact that the husband’s petition was issued first or that the proceedings had advanced further. It was clear that the husband had been seeking to prevent the wife from pursuing a legitimate claim in England. Similarly, the wife was not able to easily travel to Nigeria to be present for the case.

It was ultimately found that the English court would be better suited to assess the financial claims of the wife and their children. The claims in Nigeria would be more limited.

The case demonstrates that whilst the timing of proceedings are of course a factor, this is not always the central issue.

For expert legal advice, contact David Allison or Rebecca Alexander:

E: hello@flip.co.uk 

T: +44 (0)20 7420 5000