Podcast Location:
Download it here [file size: 20.8 MB]
Categories:
Family Law
CPD Points:
Up to 1 point. details »

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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This course is aimed at practitioners in family  law or those with an interest in the area and provides a detailed explanation of the provisions of the Matrimonial and Family Proceedings Act relating to couples who divorce abroad but where one party wishes to obtain settlement in the English courts. It case update on the most important recent cases in the area. It is aimed at those with an intermediate level of knowledge of the area.

Outcomes:
After completing the course you will:
  • Understand the origins of the Matrimonial and Family Proceedings Act 1984 Part III;
  • Learn when a claim can be brought and the procedure for bringing a claim;
  • Learn the criteria to be applied by the court when the Act has been invoked;
  • Receive an update on the most recent case law in the area.
Level:
Specialist Difficulty: 5 of 5
Classification:
Case Update
Legal Principles
Sources and References:
  • The Matrimonial and Family Proceedings Act 1984;
  • Quazi v Quazi [1980] AC 744;
  • Moore v Moore [2007] EWCA Civ 361;
  • Akinnoye-Agbaje v Akkinnoye-Agbaje [2007] EWCA Civ 681 (“Agbaje v Agbaje”);
  • D v D [2006] 2 FLR 825;
  • Holmes v Holmes [1989] Fam 47;
  • Hewitson v Hewitson [1995] Fam 100;
  • Lamagni v Lamagni [1995] 2 FLR 452;
  • Jordan v Jordan [2000] 1 WLR 210;
  • Brussels I (Council Regulation (EC) 44/2001);
  • Brussels II Regulation (Council Regulation (EC) No. 2201/2003).

n this CPDcast, Clare Renton, barrister at 29 Bedford discusses recent applications made under Part III of the 1984 Act. There is an introduction to how the provision came about and specific discussion of two recent cases: Moore v Moore [2007] EWCA Civ 361 and Agbaje v Agbaje [2007] EWCA Civ 681. The CPDcast explores when a claim can be brought under the Act, the criteria applied by the courts in such cases and the likelihood of success of bringing a claim as well in the context of the recent cases in the area. The leading authorities in the area are referred to and the podcast provides a good introduction to the area in general as well as a useful update for practitioners.

Podcast added: 21/05/09

Podcast last reviewed: 2011-06-28

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