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The significance of conditional orders in cross-border divorce and financial remedy proceedings (AW v AH)

Published on: 06 July 2023
Published by a LexisNexis Family expert
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Article summary

Family analysis: In AW v AH [2022] EWFC 195, [2022] All ER (D) 91 (Aug), the husband obtained a divorce in China before decree nisi was granted on the wife’s divorce application in England, creating a significant impact on the financial remedy proceedings in England which the husband did not engage in. In winning the ‘race for decree’ over the wife, the result of the husband’s Chinese divorce was that the final order of Deputy District Judge Michael Horton QC (as he then was) at the final hearing in the financial remedy proceedings remained in draft. The draft final order was subject to the pending decree nisi, after which it could then be drawn up and become enforceable. The wife therefore made an application under Part III of the Matrimonial and Family Proceedings Act 1984 (MFPA 1984) and was successful. In his judgment, DDJ Michael Horton QC re-instated the award and orders he had originally provided for the wife in the earlier financial remedy proceedings. The judge...

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