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Hasan v Ul-Hasan (Deceased) Anor [2021] EWHC 1791 (Fam)

The key issue in this was whether the unadjudicated claim by the wife under Part III survived the death of the husband and could be continued against his estate.

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The argument put forward on behalf of the wife was that the authorities under Part II of the Matrimonial Causes Act 1973 ("Part II"), as well as those under the Inheritance (Provision for Family and Dependants) Act 1975, on this subject were not binding as the question has never before been considered under Part III.

Mostyn J held that the current jurisprudence unambiguously states that a financial claim made during marriage or following divorce expires with the death of the respondent and that this principle applies equally whether the claim proceeds under Part II following a domestic divorce or under Part III following an overseas divorce.

After consideration of the relevant authorities he concluded that he must dismiss the wife's application where her former husband died before her claim for financial provision following the overseas divorce could be adjudicated.

However, he also concluded that although he and the Court of Appeal were bound by the decision in Sugden he considered that decision to be incorrect such that it would be appropriate for there to be a leapfrog application for leave to appeal to the Supreme Court, so watch this space!

Case summary by Zoe Saunders, Barrister, St John's Chambers

For full case, please see BAILII