financial provision – Current Awareness

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

Posted December 2nd, 2024 in child support, children, divorce, families, financial dispute resolution, financial provision, mortgages, news by tracey

‘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?’

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

Posted November 25th, 2024 in divorce, families, family courts, financial dispute resolution, financial provision, news, pensions by tracey

‘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.’

Financial Remedies Journal, 21st November 2024

Source: financialremediesjournal.com

What can I do when my ex-partner refuses to comply with a financial remedy order? – Becket Chambers

Posted November 13th, 2024 in chambers articles, families, financial dispute resolution, financial provision, news by sally

‘Where a party to financial remedy proceedings fails to comply with a final order, there are numerous ways in which the order can be enforced. The rules relating to the enforcement of orders in family proceedings are found in Part 33 of the Family Procedure Rules 2010.’

Becket Chambers, 7th October 2024

Source: becket-chambers.co.uk

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.’

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

Posted November 4th, 2024 in budgets, capital gains tax, corporation tax, divorce, education, families, financial dispute resolution, financial provision, foreign jurisdictions, inheritance tax, minimum wage, national insurance, news, stamp duty, taxation by tracey

‘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.’

Financial Remedies Journal, 1st November 2024

Source: financialremediesjournal.com

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

Posted October 21st, 2024 in child support, children, divorce, families, family courts, financial dispute resolution, financial provision, news by tracey

‘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.’

Financial Remedies Journal, 16th October 2024

Source: financialremediesjournal.com

Form FM5 and MIAM’s – Becket Chambers

Posted October 18th, 2024 in chambers articles, children, costs, dispute resolution, families, financial dispute resolution, financial provision, news by sally

‘It has been a requirement for a number of years that before financial proceedings or children matters that the applicant, save for a few exemptions, is required to attend a Mediation Information and Assessment Meeting [MIAM]. Often by the time parties attend their MIAM, they have reached the stage of utter frustration and have felt that the only way forward was to go to court. The MIAM for some people became a mere hurdle to be overcome so that they could go to court, it was a tick box exercise.’

Becket Chambers, 24th September 2024

Source: becket-chambers.co.uk

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

Posted October 14th, 2024 in delay, divorce, families, family courts, financial dispute resolution, financial provision, news by tracey

‘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.’

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

Posted October 14th, 2024 in divorce, domestic violence, families, family courts, financial dispute resolution, financial provision, news by tracey

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

Financial Remedies Journal, 8th October 2024

Source: financialremediesjournal.com

Ma v Roux: Can You Strike Out a Set Aside Application? – Financial remedies Journal

Posted October 1st, 2024 in financial provision, news, setting aside, striking out by tracey

‘It was settled in Wyatt v Vince [2015] UKSC 14, [2015] 1 FLR 972 that the court cannot strike-out/give summary judgment on a legally recognisable application for a financial remedy order as an applicant is entitled to have such an application heard on its merits and it cannot therefore be dealt with summarily on the basis that it has no real prospect of success.’

Financial remedies Journal, 25th September 2024

Source: financialremediesjournal.com

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.’

Financial Remedies Journal, 1st October 2024

Source: financialremediesjournal.com

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

Posted September 23rd, 2024 in divorce, families, family courts, financial dispute resolution, financial provision, legal profession, news by tracey

‘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.’

Financial Remedies Journal, 20th September 2024

Source: financialremediesjournal.com

HJB v WPB: Beware the Preliminary Issue – Financial Remedies Journal

Posted August 19th, 2024 in divorce, families, family courts, financial dispute resolution, financial provision, news by tracey

‘In BN v MA [2013] EWHC 4250 (Fam) Mostyn J observed:

“[24] … In Granatino v Radmacher the Supreme Court analysed very closely the nature of nuptial agreements. They pointed out that nuptial agreements come in numerous shapes and forms and can be entered into at any point before, during or after a marriage …
[26] The Supreme Court has modified the test for the treatment of these nuptial agreements, as expressed in Edgar and Xydhias and, indeed, in MacLeod, so as to provide one single test applicable to all nuptial agreements, which is this, “The court should give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to their agreement”. That now is the test to be applied in every case where a nuptial agreement falls for consideration.” ‘

Financial Remedies Journal, 16th August 2024

Source: financialremediesjournal.com

Financial Remedies – Short Marriage – 33 Bedford Row

Posted August 13th, 2024 in chambers articles, child support, children, divorce, families, family courts, financial provision, news by tracey

‘Financial Remedies – Short Marriage.’

33 Bedford Row, 7th August 2024

Source: www.33bedfordrow.co.uk

Domestic abuse and the Financial Remedies Court – Transparency Project

Posted August 9th, 2024 in divorce, domestic violence, families, family courts, financial dispute resolution, financial provision, news by sally

‘This post discusses the current approach to domestic abuse in financial remedy proceedings. For those short on time and unable to read the post in full, the key conclusions you need to be aware of are; the recent decision of Mr. Justice Peel in N v J [2024] EWFC 184 is important and says if you want the court to consider domestic abuse as part of your case you will need to follow the procedure in Tsvetkov v Khayrova [2023] EWFC 130; it also says that domestic abuse will only potentially be taken into account by the court if it is exceptional and has had a negative financial impact on the alleged victim.’

Transparency Project, 8th August 2024

Source: transparencyproject.org.uk

Judge lifts anonymity in family court judgment involving Premier League footballer – Law Society’s Gazette

Posted August 1st, 2024 in anonymity, children, families, family courts, financial dispute resolution, financial provision, news, sport by tracey

‘A judge has taken the unusual step of publishing an unanonymised and unredacted family court judgment involving Premier League footballer and England vice-captain Kyle Walker – after concluding that to anonymise or redact the judgment would have opened the court to ridicule.’

Law Society's Gazette, 31st July 2024

Source: www.lawgazette.co.uk

What Is a ‘Predicament of Real Need’? – Financial Remedies Journal

Posted July 23rd, 2024 in divorce, financial provision, news, prenuptial agreements by tracey

‘In Radmacher (Formerly Granatino) v Granatino [2010] 2 FLR 1900 at [81] Lord Phillips of Worth Matravers said that of the three strands identified in White v White [2000] 2 FLR 981 and Miller/McFarlane [2006] 1 FLR 1186 it was needs and compensation which could most readily render it unfair to hold the parties to an ante-nuptial agreement. In relation to the former this was because:
“[t]he parties are unlikely to have intended that their ante-nuptial agreement should result, in the event of the marriage breaking up, in one partner being left in a predicament of real need, while the other enjoys a sufficiency or more, and such a result is likely to render it unfair to hold the parties to their agreement.” But what is the meaning of “predicament of real need”?’

Financial Remedies Journal, 16th July 2024

Source: financialremediesjournal.com

Notionally Flawed? Notional Assessments in LSPO Applications – Financial Remedies Journal

Posted July 15th, 2024 in costs, divorce, financial dispute resolution, financial provision, legal services, news by tracey

‘The past weeks have brought two more High Court judgments considering the practice of deducting a percentage from an LSPO applicant’s costs provision by way of a “notional standard assessment”. The first, JK v LM [2024] EWHC 1442 (Fam), was a judgment of Cobb J doubling down on the practice. The second, KV v KV [2024] EWFC 165, was a judgment of Peel J, taking a more ambivalent approach, suggesting it be used as a “cross check” and highlighting that it may operate unfairly in some cases. Cobb J’s elevation to the Court of Appeal may see his approach becoming dominant. The unfairness caused by the “notional assessments” in LSPO applications has been explored by us previously. Here we argue that it is also conceptually flawed.’

Financial Remedies Journal, 11th July 2024

Source: financialremediesjournal.com

Eternal life, or dead and buried – which claims survive death? – Wilberforce Chambers

Posted June 27th, 2024 in bereavement, breach of trust, chambers articles, financial provision, news, probate, wills by sally

‘Lois McMaster Bujold once wrote “the dead cannot cry out for justice. It is the duty of the living to do so for them”. This articles considers how far the living may be able to go – the death of a party to current or potential litigation is not a priority in the grieving process of the loved ones left behind, but it is an aspect of litigation with which lawyers should be familiar.’

Wilberforce Chambers, 23rd May 2024

Source: www.wilberforce.co.uk

FRJ – AT v BT: The Return of Compensation – Financial Remedies Journal

Posted June 24th, 2024 in chambers articles, compensation, divorce, families, financial dispute resolution, financial provision, news by tracey

‘In AT v BT [2023] EWHC 3531 Francis J considered what he described (at [4]) as “the proper approach of the court to the sharing principle and to the principle of compensation” given that “the husband maintains that this is a pure needs case and the wife asserts that this is a full sharing case”. This led H to offer a lump sum of £3.545m and W to seek a lump sum of £9.145m (with W to retain a property with an agreed value of £195,000 (£190,000 net of notional costs of sale)).’

Financial Remedies Journal, 20th June 2024

Source: financialremediesjournal.com

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