New guidance on ‘parental alienation’ in family court battles – BBC News

‘Family courts in England and Wales should give more weight to allegations of domestic abuse than to claims of “parental alienation”, according to new guidance.’

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BBC News, 11th December 2024

Source: www.bbc.co.uk

Arbitrating Costs Provision Applications – Financial Remedies Journal

Posted December 10th, 2024 in arbitration, costs, divorce, family courts, news by tracey

‘There have been few seismic changes in family law that reshaped everything. Much as we would love suddenly to have a new landscape for our professional work, most of us can only hope to find small solutions that work for some small corner of one field. However, bit by bit this may all contribute to an evolving and improving climate in which families change and start their new chapters. Here we hope is one more such.’

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Financial Remedies Journal, 5th December 2024

Source: financialremediesjournal.com

How not to determine financial dependency – Pensions Barrister

Posted December 9th, 2024 in bereavement, complaints, divorce, families, local government, news, ombudsmen, pensions by sally

‘Paul Newman KC examines a recent High Court decision on the test for financial dependency in a claim for death benefits under the LGPS.’

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Pensions Barrister, 5th December 2024

Source: www.pensionsbarrister.com

Child Maintenance and Mortgage Payments – New Guidance: LM v SSWP & NM [2024] UKUT 259 (AAC) – Financial Remedies Journal

‘What happens if the Child Maintenance Service (CMS) has determined that a non-resident parent (NRP) is required to pay child maintenance to the parent-with-care (PWC), but payments are also being made towards the mortgage secured on the property in which PWC still lives with the qualifying child/children (QC)? Does it matter if the property is jointly owned by NRP and PWC? Will those mortgage payments reduce the amount of child maintenance?’

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Financial Remedies Journal, 29th November 2024

Source: financialremediesjournal.com

Dangers of Applying PSOs Determined Using pre-McCloud CEVs on ‘McCloud compliant’ CEVs – Financial Remedies Journal

‘Those working in the Pensions on Divorce arena (whether PODEs, solicitors or scheme administrators) will by now be all too familiar with the McCloud ruling, and how much additional work this has caused for cases involving public sector pension schemes.’

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Financial Remedies Journal, 21st November 2024

Source: financialremediesjournal.com

Wells Sharing: Commonplace or a Matter of Last Resort? – Financial Remedies Journal

Posted November 11th, 2024 in divorce, families, family courts, financial provision, news by tracey

‘The importance of the ‘clean break’ has been reemphasised in recent years with greater emphasis being placed on MCA 1973 s 25A (and s 28(1A)), particularly in the judgments of Mostyn J.’

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Financial Remedies Journal, 8th November 2024

Source: financialremediesjournal.com

The Autumn 2024 Budget: A Summary of the Key Reforms for Financial Remedy Practitioners – Financial Remedies Journal

‘The Autumn Budget 2024 (“the Budget”) saw history being made as Rachel Reeves, who became our first female Chancellor of the Exchequer, set out arguably the biggest tax changes for a generation, set to raise taxes by £41bn by 2029/30 and said to be part of the Government’s plan to revitalise Britain. In this article, we will summarise the key reforms of the Budget, highlighting those which may be of particular relevance to financial remedy practitioners and their clients.’

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Financial Remedies Journal, 1st November 2024

Source: financialremediesjournal.com

Divorce applications wrongly approved after computer error, high court hears – The Guardian

Posted October 31st, 2024 in computer programs, divorce, families, family courts, marriage, news, time limits by sally

‘Dozens of divorce applications were wrongly approved due to a computer error, the high court has heard.’

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The Guardian, 31st October 2024

Source: www.theguardian.com

GH v GH – FDRs Are Not to Be Dispensed With – Financial Remedies Journal

Posted October 28th, 2024 in divorce, families, family courts, financial dispute resolution, news by tracey

‘If ever there were any doubts as to the importance of the FDR appointment and the parties’ attendance at one, then Mr Justice Peel has unequivocally put those doubts to rest in his judgment in GH v GH [2024] EWFC 272, published on 3 October 2024. The court’s ongoing focus on assisting parties to resolve financial remedy proceedings in a timely and proportionate manner means that FDRs (including private FDRs) are, perhaps unsurprisingly, still receiving significant praise and judicial support.’

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Financial Remedies Journal, 21st October 2024

Source: financialremediesjournal.com

No Special Favours: Litigants in Person and the Financial Remedies Court – Financial Remedies Journal

‘No Special Favours: Litigants in Person and the Financial Remedies Court’

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Financial Remedies Journal, 23rd October 2024

Source: financialremediesjournal.com

A 40-Year Revolution in Financial Remedies – Financial Remedies Journal

‘My subject today is revolution. Don’t worry. I am not advocating a take-over of the country by Tommy Robinson or Piers Corbyn. I am talking about the fundamental transformation of financial remedy work since I undertook my first ever case on 19 July 1983 in the Edmonton County Court, just over 41 years ago.’

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Financial Remedies Journal, 16th October 2024

Source: financialremediesjournal.com

Delaying a Divorce Because of Financial Prejudice: The New No-fault Law and Practice – Financial Remedies Journal

‘There can be real loss and prejudice in some divorce cases if the final divorce order, previously the decree absolute, is granted before the final financial settlement and its implementation in circumstances when the paying party then dies. Automatic entitlement to pensions, the primary circumstance, but also insurance policies, beneficial interest in trusts and similar are then not available as the applicant is now divorced, financial remedy claims are no longer available after death and there might have to be a difficult and separate civil claim.’

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Financial Remedies Journal, 7th October 2024

Source: financialremediesjournal.com

Resolution’s Report on Domestic Abuse in Financial Remedy Proceedings: An Overview of the Key Findings and Recommendations – Financial Remedies Journal

‘Resolution’s Report on Domestic Abuse in Financial Remedy Proceedings: An Overview of the Key Findings and Recommendations.’

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Financial Remedies Journal, 8th October 2024

Source: financialremediesjournal.com

Navigating grandparents’ rights on divorce or following the death of a parent – Kingsley Napley Family Law Blog

Posted October 11th, 2024 in bereavement, children, divorce, families, grandparents, news by sally

‘Grandparents have become increasingly involved in their grandchildren’s day to day lives over the last few decades, providing love, support, child care and a sounding board for frazzled parents. A number of studies have highlighted the benefit to children of having positive relationships with their grandparents and the importance of these connections is celebrated each year on Grandparents’ Day. However, as family dynamics shift over time, particularly following a divorce or bereavement, grandparent/grandchild relationships are often impacted.’

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Kingsley Napley Family Law Blog, 10th October 2024

Source: www.kingsleynapley.co.uk

Till Debt Do Us Part: Bankruptcy and Financial Remedies – Financial Remedies Journal

Posted October 1st, 2024 in bankruptcy, divorce, financial provision, news by tracey

‘Financial remedies practitioners are well-accustomed to advising parties in straitened financial circumstances. Often the central question is how to stretch the available resources to ensure both parties have a roof over their heads. However, when one or both parties find themselves in serious financial difficulty, a less familiar issue may arise: the interplay between the Insolvency Act 1986 (IA 1986) and the Matrimonial Causes Act 1973 (MCA 1973).

In this article, the authors will comment on the recent case of Gudmundsson v Lin [2024] EWHC 1576 (Fam) to explain how bankruptcy proceedings can alter the computational landscape of a case and, at times, undermine the intentions of the Financial Remedies Court.’

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Financial Remedies Journal, 1st October 2024

Source: financialremediesjournal.com

Enhancing Public Understanding of Financial Remedies on Divorce – Financial Remedies Journal

‘Why is it that lawyers think that the principles underpinning financial remedies are clear, and yet the public are often perplexed? The issue is one of communication, or rather translating the law into plain English.’

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Financial Remedies Journal, 20th September 2024

Source: financialremediesjournal.com

They Think It’s All Over… It Is Not! Express Declarations, Subsequent Agreements and the Decision in Re Cynberg – Financial Remedies Journal

Posted September 16th, 2024 in appeals, bankruptcy, divorce, families, news by tracey

‘They Think It’s All Over… It Is Not! Express Declarations, Subsequent Agreements and the Decision in Re Cynberg.’

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Financial Remedies Journal, 9th September 2024

Source: financialremediesjournal.com

Financial Remedies – Applicable legal principles under MCA 1973 – 33 Bedford Row

Posted September 11th, 2024 in chambers articles, divorce, families, financial dispute resolution, news by tracey

‘Financial Remedies – Applicable legal principles under MCA 1973.’

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33 Bedford Row, 10th September 2024

Source: www.33bedfordrow.co.uk

Private FDRs – what are they and are they really worth it? – Becket Chambers

Posted September 5th, 2024 in chambers articles, divorce, families, financial dispute resolution, news by sally

‘Any litigation involving your own family is undoubtedly very stressful. Add to the mix a long drawn out expensive process and the stress factors are compounded even more.’

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Becket Chambers, 30th August 2024

Source: becket-chambers.co.uk

Financial Remedies – Non Matrimonial Property – 33 Bedford Row

‘Financial Remedies – Non Matrimonial Property.’

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33 Bedford Row, 2nd September 2024

Source: www.33bedfordrow.co.uk