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Family Law

The leading authority on all aspects of family law

Court of Protection Practice and Procedure Conference 2016

A comprehensive guide to best practice and current thinking

07 SEP 2007

1984 Act Applications - Second Bite of the Cherry?

Andrew Moore, Anthony Gold Solicitors. Prior to the Matrimonial and Family Proceedings Act 1984 (MFPA) the English courts did not have jurisdiction to deal with ancillary relief proceedings where the divorce decree had been made elsewhere. This even applied to matrimonial property within this jurisdiction. Following the recent case of Moore v Moore [2007] EWCA Civ 361, [2007] FLR (forthcoming) where £1.5m was collectively spent by the parties in legal fees, primarily to decide whether it would be the English or Spanish courts which would hear the ancillary relief application (even though it was agreed by all concerned that the relevant law was English law), it seems a logical time, says Andrew Moore, to remind practitioners of the substantive law, procedures and principles in this important, but for most solicitors unfamiliar, area of ancillary relief. This article provides a detailed summary of MFPA applications, including the reasons for making them, who can apply and how, the requirement for leave to be sought to make an application, and summarises the process thereafter. For the full article see September [2007] Fam Law.

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