Litigation friend ordered to pay £42,000 costs for ‘wholly inadequate’ performance – Law Society’s Gazette

‘A litigation friend who was said to be suffering from depression has been ordered to pay more than £42,000 in costs after a judge found his performance “wholly inadequate.”’

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Law Society's Gazette, 23rd November 2023

Source: www.lawgazette.co.uk

Special Contributions in Family Law – 33 Bedford Row

‘How often do practitioners have a client insist that they have made a “greater” or a “special” contribution to the family’s finances? This is a regular occurrence in conference rooms up and down the country. This instruction from a lay client is often followed by a request to “ring fence” certain assets. What advice should be given to these adamant lay clients? Invariably, a lay client must be advised that it is extremely difficult to convince a court and that one party has made a “special contribution”. The court’s reluctance is rooted in the need to end discrimination between the breadwinner and a homemaker. Special contribution arguments are made by the breadwinners, usually in high net-worth cases and these arguments often lead nowhere.’

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33 Bedford Row, 17th October 2023

Source: www.33bedfordrow.co.uk

Lay Person’s Practical Guide to FDR – Becket Chambers

Posted November 21st, 2023 in chambers articles, financial dispute resolution, news by sally

‘Financial Disputes Resolution [FDR] is the name given to the hearing where the parties attend court to try and agree a settlement. It is a form of alternative dispute resolution in the court building.’

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Becket Chambers, 3rd October 2023

Source: becket-chambers.co.uk

London’s reputation as divorce capital could be tested by legal shake-up: Jaqueline Julyan SC – 5SAH

‘A marital property regime is a system of property ownership between spouses. Property includes landed property, chattels, money in a bank account, businesses, shares in companies and claims (eg a loan). Marital property regimes differ from country to country. In some countries the matrimonial regime is imposed by operation of law and arises automatically upon marriage. Many civil law countries allow parties to select a matrimonial regime. This is usually by way of a pre-nuptial agreement.’

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5SAH, 27th September 2023

Source: www.5sah.co.uk

Fairness versus Certainty – Should the Matrimonial Causes Act 1973 be Amended to Restrict the Duration of Spousal Maintenance? – Financial Remedies Journal

‘As part of the Law Commission’s review of the law concerning financial division upon divorce, announced on 4 April 2023, it will consider “how maintenance payments for an ex-spouse or civil partner should work”. The terms of reference set out that the Law Commission is to consider specifically potential maximum periods for spousal periodical payment orders.’

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Financial Remedies Journal, 3rd July 2023

Source: financialremediesjournal.com

Transparency – cases about finance on divorce – Transparency Project

‘The Financial Remedies Court sub-group of the Transparency Implementation Group (TIG ) has published a 164 page report. This refers to cases about financial remedies on divorce i.e resolving issues between divorcing couples about their income and assets – they are not cases about children. The parties often have legal representation, but not always.’

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Transparency Project, 31st May 2023

Source: transparencyproject.org.uk

Divorce reform: work finally begins on finances review – Law Society’s Gazette

‘Work has finally begun on a review of the laws governing finances on divorce – but a consultation on proposed reforms does not appear likely to emerge until 2025 at the earliest.’

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Law Society's Gazette, 4th April 2023

Source: www.lawgazette.co.uk

How the courts deal with financial remedies in a short marriage – Family Law Week

‘I recently fought a case where the parties divorced after eighteen months. There is no formal definition of a short marriage, but there are some benchmarks. The median marriage in the UK at the time of divorce was 12.3 years in 2021 for opposite-sex couples while the most common duration of marriage was 8 years. The figures are lower for same-sex couples who have only been able to divorce since 2015. On this basis, my case was likely to qualify as a short marriage.’

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Family Law Week, 13th March 2023

Source: www.familylawweek.co.uk

What does political instability and market volatility mean for separating couples? – Family Law

‘What does political instability and market volatility mean for separating couples?’

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Family Law, 20th January 2023

Source: www.familylaw.co.uk

Financial Remedy Update, October 2022 – Family Law Week

‘Stephanie Hawthorn and Abigail Pearse, associates, at Mills & Reeve LLP consider the most important news and case law relating to financial remedies and divorce during September 2022.’

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Family Law Week, 17th October 2022

Source: www.familylawweek.co.uk

Apocalypse now? Judge stunned at £8m divorce costs – Law Society’s Gazette

Posted April 13th, 2022 in costs, divorce, families, family courts, financial dispute resolution, judges, news by tracey

‘A High Court judge has called for a cap on costs in family cases after describing the “apocalyptic” state of expensive divorce proceedings.’

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Law Society's Gazette, 13th April 2022

Source: www.lawgazette.co.uk

Case summary: Lee Hudson v Jayne Hathway [2022] EWHC 631 (QB) – Gatehouse Chambers

‘Ms Hathway and Mr Hudson started a relationship in 1990. They had two children but did not marry. They bought a family home in joint names, with no declaration of trusts. Both worked, but Mr Hudson substantially paid the mortgage; the amount he contributed exceeded Ms Hathway’s contributions. The parties separated.’

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Gatehouse Chambers, 30th March 2022

Source: gatehouselaw.co.uk

Hudson v Hathway – No Detriment, No Problem? [2022] EWHC 631 (QB) – New Square Chambers

‘James Saunders provides in-depth commentary on the recent appeal decision in Hudson v Hathway [2022] EWHC 631 (QB) which considered the role of detriment (or lack thereof) in joint name co-habitation cases. Hudson is important reading for those advising upon trust of land disputes but may need to be viewed cautiously.’

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New Square Chambers, 29th March 2022

Source: www.newsquarechambers.co.uk

Overseas pensions and divorce – Family Law

‘Pensions can make up a significant proportion of family assets and should be fully taken into account when financial matters are dealt with during a divorce. Where a couple with UK pensions divorce in England, the court can make various orders to deal them. Most commonly, a pension sharing order is made hiving off a portion of one party’s pension and giving it to the other. However, where there are pension assets overseas or a divorce overseas and pension assets in the UK, the situation is more complex. There are two angles that need to be considered:
Can an overseas pension be shared in a divorce in England & Wales; and Can a UK pension be shared in an overseas divorce.’

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Family Law, 28th March 2022

Source: www.familylaw.co.uk

Financial Remedy Update, February 2022 – Family Law Week

‘Sue Brookes, Principle Associate and Nicola Rowlings, Professional Support Lawyer, at Mills & Reeve LLP consider the most important news and case law relating to financial remedies and divorce during January 2022.’

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Family Law Week, 3rd February 2022

Source: www.familylawweek.co.uk

Family mediation scheme to help thousands more parents – Ministry of Justice

‘Thousands more separating parents will avoid stressful courtroom battles as the Government boosts its landmark family mediation scheme with an additional £1.3 million.’

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Ministry of Justice, 16th January 2022

Source: www.gov.uk

What does a ‘good’ divorce look like when are you dealing with the finances? – Family Law

Posted January 17th, 2022 in divorce, families, family courts, financial dispute resolution, news by tracey

‘I asked clients, colleagues and an IFA specialising in divorce what they thought a “good” financial settlement looked like. The common thread in their answers was not, as you might expect, that it’s about winning. A “good” divorce, where the finances are concerned, is about realism and moving forward.’

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Family Law, 12th January 2022

Source: www.familylaw.co.uk

The Farquhar Committee and the Future of the Financial Remedies Court – Family Law

’23 March 2020 will be etched in the mind of generations. It was the day which brought unprecedented change to the way the world worked, not least the operation of the justice system and access to justice. Like many areas of law, the Financial Remedies Court [‘FRC’], was not prepared for the sudden and abrupt suspension of attended hearings, yet advances in technology quickly enabled the FRC to get back to work, albeit, at least to begin with, in a totally alien way for many. The use of remote hearings as a way of administering justice has now been the norm for over 20 months, and as the world begins to cautiously ‘get back to normal’, the question on the minds of all those practicing within the FRC is “what does the new normal look like?”’

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Family Law, 7th January 2022

Source: www.familylaw.co.uk

Funder refused permission to use privileged material in ‘fraud’ claim – Legal Futures

‘The High Court has refused a litigation funder’s bid to use privileged material to overturn a divorce settlement which it says deliberately provides no assets for the wife to pay the £1m she owes it.’

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Legal Futures, 4th January 2022

Source: www.legalfutures.co.uk

Divorce can feel like a death, but what happens if the person you are divorcing actually passes away? – Family Law

Posted November 15th, 2021 in bereavement, divorce, families, family courts, financial dispute resolution, news by tracey

‘It is often said that going through a divorce is similar to suffering a bereavement. However, what happens if the person you are divorcing actually dies midway through that process?’

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Family Law, 12th November 2021

Source: www.familylaw.co.uk