Financial Remedies Courts – Law Society’s Gazette

‘The Financial Remedies Courts (FRCs) have been established as a subsidiary structure within the Family Court. In November 2019, two documents were published: Overall Structure Of The Financial Remedies Courts And The Role And Function Of The Lead Judge, and Financial Remedies Courts Good Practice Protocol. It is the protocol which is essential reading for family law practitioners.’

Full Story

Law Society's Gazette, 24th February 2020

Source: www.lawgazette.co.uk

Mostyn J. and ‘amicable’ divorces – St Ives Chambers

‘amicable (spelt with a little ‘a’) charged the parties £300 for helping with preparation of their divorce petition and application for decree nisi, and a further £300 for drafting a simple precedent-compliant cleanbreak order (which the parties had negotiated) together with accompanying Form A, D81, joint disclosure statement. Their letter forwarding the same to the court attracted the attention of the court and this application.’

Full Story

St Ives Chambers, February 2020

Source: www.stiveschambers.co.uk

Financial Remedy Update, February 2020 – Family Law Week

Posted February 13th, 2020 in cohabitation, divorce, financial provision, joinder, matrimonial home, news, third parties by tracey

‘Sarah Hunter, Senior Associate and Eleanor Cawthra, Associate Mills & Reeve LLP consider the important news and case law relating to financial remedies and divorce during February 2020.’

Full Story

Family Law Week, 12th February 2020

Source: www.familylawweek.co.uk

Having the last word in financial remedies – Becket Chambers

Posted February 6th, 2020 in divorce, evidence, financial provision, housing, news by sally

‘The recent case of AR v ML [2019] EWFC 56 is a cautionary tale against adducing further evidence at a late stage in an attempt to have the last say within financial remedy proceedings.’

Full Story

Becket Chambers, 3rd February 2020

Source: becket-chambers.co.uk

Tick the box at your peril: a warning for lawyers completing the Pension Sharing Annex form P1 – Becket Chambers

Posted January 28th, 2020 in divorce, financial provision, news, pensions by sally

‘Financial remedy lawyers are familiar with the Form P1 Pension Sharing Annex under section 24B of the Matrimonial Causes Act 1973. It records the instructions for how to share a party’s pension and who is to bear the cost, and also contains the parties’ details. It is approved by the court and sent to pension administrators to start the process of implementation of a pension sharing order.’

Full Story

Becket Chambers, 22nd January 2020

Source: becket-chambers.co.uk

Divorcee sues top law firm after taking out ‘crippling’ loan to pay for legal fight with husband – Daily Telegraph

‘A businesswoman who wrongly believed she would win a substantial divorce settlement from her wealthy husband is suing a top law firm after taking out a crippling loan to pay their fees.’

Full Story

Daily Telegraph, 18th January 2020

Source: www.telegraph.co.uk

Family Team Under 10’s Newsletter – Winter 2020 Edition – Parklane Plowden

‘In the Winter edition of our Family Under 10’s Newsletter, Simon Wilkinson provides a case update with regards to the Matter of D, Giorgia Sessi studies the guidance published by the Courts and Tribunals Judiciary, whilst Charlotte Wilce lays out a case study regarding the role of CAFCASS in relation to non-subject children.’

Full Story

Parklane Plowden, 7th January 2020

Source: www.parklaneplowden.co.uk

Financial Remedy & Divorce Update, December 2019 – Family Law Week

Posted January 9th, 2020 in divorce, financial provision, news by tracey

‘Naomi Shelton, Associate, Mills & Reeve LLP considers the important news and case law relating to financial remedies and divorce during November 2019.’

Full Story

Family Law Week, 30th December 2019

Source: www.familylawweek.co.uk

English judges deciding Scottish divorce cases is “recipe for chaos”, Supreme Court hears – Daily Telegraph

Posted December 10th, 2019 in choice of forum, divorce, financial provision, news, Scotland by sally

‘English judges deciding Scottish divorce cases is a “recipe for chaos”, the Supreme Court has heard in a landmark case between an aristocrat and his estranged wife.’

Full Story

Daily Telegraph, 9th December 2019

Source: www.telegraph.co.uk

Family Law Newsletter #31 – Spire Barristers

‘Articles from around the web, Legislation updates and Case Updates from Care Proceedings and Financial Remedy matters.’

Full Story

Spire Barristers, 2nd December 2019

Source: spirebarristers.co.uk

Meeting income needs from capital – Law Society’s Gazette

Posted November 4th, 2019 in divorce, financial provision, news, remuneration by sally

‘Two of the most recent issues which have been considered by the Family Court are as follows:

Whether an earning capacity is a matrimonial asset to which the sharing principle applies; and

In a sharing case, to what extent is it fair that a wife is required to use her share of capital to meet her income needs, whereas the husband will meet his income needs from future income?’

Full Story

Law Society's Gazette, 4th November 2019

Source: www.lawgazette.co.uk

Financial Remedy & Divorce Update, October 2019 – Family Law Week

‘Naomi Shelton, Associate, Mills & Reeve LLP considers the important news and case law relating to financial remedies and divorce during September 2019.’

Full Story

Family Law Week, 10th October 2019

Source: www.familylawweek.co.uk

Paternity issues: AB v CD [2019] EWHC 1695 (Fam) – Family Law

‘This case concerns the very difficult situation in which the issue of disputed paternity only comes to light years after the child’s birth, when the child (and the father) have always believed that he is the biological father, but in fact it transpires that this is not the case.’

Full Story

Family Law, 10th October 2019

Source: www.familylaw.co.uk

Capitalised maintenance: a court-free solution? – Family Law

‘The court’s unpredictable approach means alternative resolution could be the logical choice, argue Kim Beatson and Victoria Brown.’

Full Story

Family Law, 2nd October 2019

Source: www.familylaw.co.uk

Non-disclosing husband fails in challenge to Court of Appeal – Family Law

Posted September 12th, 2019 in disclosure, divorce, financial provision, Judaism, news, periodical payments by tracey

‘A husband who failed to disclose all of his assets has failed in his appeal to set aside an order.’

Full Story

Family Law, 10th September 2019

Source: www.familylaw.co.uk

Financial Remedy Update, September 2019 – Family Law Week

‘Rose-Marie Drury, Principal Associate, Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during August 2019.’

Full Story

Family Law Week, 6th September 2019

Source: www.familylawweek.co.uk

Moher v Moher: Non-disclosure leads to closure – Family Law week

Posted August 29th, 2019 in disclosure, divorce, financial provision, Judaism, marriage, news by tracey

‘Alexandra Goldrein, a solicitor with Irwin Mitchell, considers a recent Court of Appeal judgment concerning non-disclosure and the award of spousal maintenance to a wife pending the husband’s grant of a Jewish divorce.’

Full Story

Family Law week, 28th August 2019

Source: www.familylawweek.co.uk

A lesson from the fellow in Iannello – Family Law

Posted August 16th, 2019 in divorce, financial provision, news, remuneration by tracey

‘Following the Australian decision of Iannello and Iannello (No.3) [2018] FCCA 3752 Sarah Basso and Rachel Roberts look at the approach of England and in respect of orders in matrimonial proceedings directing a party to make a payment of their bonus to their (former) spouse.’

Full Story

Family Law, 15th August 2019

Source: www.familylaw.co.uk

The Pension Advisory Group’s final report: reviewing a paradigm shift in pensions practice – Family Law Week

‘Matthew Richardson, barrister of Coram Chambers, offers an introduction and overview of a report set to change the future of financial remedies practice significantly.’

Full Story

Family Law Week, 28th July 2019

Source: www.familylawweek.co.uk

Sharing of post-separation earnings: Francis J says ‘I’m not lovin’ it’ – Family Law

Posted July 25th, 2019 in divorce, financial provision, news, periodical payments by tracey

‘Should there have been any doubt remaining, Mr Justice Francis confirmed in O’Dwyer v O’Dwyer [2019] EWHC 1838 (Fam) that post-separation earnings are not a matrimonial asset capable of being shared.’

Full Story

Family Law, 23rd July 2019

Source: www.familylaw.co.uk