financial provision – Current Awareness

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

A Brilliantly Logical Approach to Dealing with Pensions – Financial Remedies Journal

Posted June 17th, 2024 in divorce, families, family courts, financial dispute resolution, financial provision, news, pensions by tracey

‘SP v AL [2024] EWFC 72(B). In this judgment, His Honour Judge Hess sets an example of how, by following a logical thought process, seemingly complex pensions can be reduced to a very straightforward outcome.’

Financial Remedies Journal, 13th June 2024

Source: financialremediesjournal.com

What happens when Child Maintenance is not enough? – Becket Chambers

Posted June 12th, 2024 in chambers articles, child support, children, families, family courts, financial provision, news, remuneration by sally

‘Child maintenance refers to the financial support which is made by a parent towards a child’s living costs and expenses after the parents separate. It is usually an amount which is paid to the resident parent who cares for the child most of the time.’

Becket Chambers, 9th May 2024

Source: becket-chambers.co.uk

NA v LA [2024] EWFC 113 – 1 GC: Family Law

Posted June 6th, 2024 in case management, chambers articles, dispute resolution, divorce, family courts, financial provision, news, stay of proceedings by tracey

‘Sapna Jain has written a case summary for the recent case of NA v LA [2024] EWFC 113 for Family Law Week.’

1 GC: Family Law, 4th June 2024

Source: www.familylawweek.co.uk

Court as a last resort! – Kingsley Napley Family Law Blog

Posted June 3rd, 2024 in children, dispute resolution, divorce, families, family courts, financial dispute resolution, financial provision, news by sally

‘How you approach resolving a dispute with your ex-partner, whether regarding finances or your children, is an important first step in your case and can set the tone moving forward.’

Kingsley Napley Family Law Blog, 29th May 2024

Source: www.kingsleynapley.co.uk

Judge uses new power to “encourage” ADR in absence of agreement – Legal Futures

Posted May 31st, 2024 in dispute resolution, divorce, families, family courts, financial dispute resolution, financial provision, judges, news by michael

‘A High Court judge has used new powers to “encourage” the use of alternative dispute resolution (ADR) in family proceedings in the absence of agreement between the parties.’

Legal Futures, 31st May 2024

Source: www.legalfutures.co.uk

Judge stays divorce financial proceedings to allow non-court dispute resolution – Law Society’s Gazette

Posted May 30th, 2024 in dispute resolution, divorce, financial provision, news, stay of proceedings by tracey

‘Rules allowing the court to encourage parties into alternative dispute resolution have been historically underused, a judge has said while directing a divorcing couple to use non-court resolution under new procedure rules.’

Law Society's Gazette, 29th May 2024

Source: www.lawgazette.co.uk

Standish – the Narrowing of ‘Matrimonialisation’ – Financial Remedies Journal

Posted May 29th, 2024 in appeals, divorce, families, family courts, financial dispute resolution, financial provision, news by tracey

‘In L v L [2021] EWFC B83 His Honour Judge Booth (sitting as a judge of the High Court) stated at [26] he had been referred to the concept of “matrimonialisation” but it was “a word that I hope will not acquire common usage”. Although not a word in the Oxford English Dictionary, His Honour Judge Booth’s hope has not come to fruition. In Standish v Standish [2024] EWCA 567 Richard Todd KC (for the appellant wife) invited the court (at [71]) to “remove [the category of matrimonialised assets] from the lexicon of the law on financial remedies” and Timothy Bishop KC (for the respondent husband) suggested (at [93]) “the court might consider whether this concept merits being maintained at all”. However Moylan LJ (in a judgment with whom King and Phillips LJJs both agreed) stated at [161] the answer to “the question raised by both parties, namely whether the whole concept of matrimonialisation should no longer be applied”, was “it should continue to be applied”.’

Financial Remedies Journal, 28th May 2024

Source: financialremediesjournal.com

What’s the Point of a Judgment? Examples, Authorities and the Panopticon – Financial Remedies Journal

Posted May 7th, 2024 in family courts, financial provision, judgments, law reports, news, reasons by tracey

“What’s the Point of a Judgment? Examples, Authorities and the Panopticon.”

Financial Remedies Journal, 2nd May 2024

Source: financialremediesjournal.com

Hadkinson Orders: the Need to Show Restraint – Financial Remedies Journal

Posted May 2nd, 2024 in contempt of court, family courts, financial provision, news, periodical payments by sally

‘This article addresses ‘Hadkinson’ orders (Hadkinson v Hadkinson [1952] All ER 567), in light of several recent cases handed down over a short period of time, highlighting the potential limitations as to their availability, namely:
– Williams v Williams [2023] EWHC 3098 (Fam) – Moor J
– WX v HX [2023] EWFC 279 – Recorder Day
– L v O [2024] EWFC 6 – Cobb J
– Re Z (No 5) (Enforcement) [2024] EWFC 44 – Cobb J’

Financial Remedies Journal, 17th April 2024

Source: financialremediesjournal.com

Savage v Savage – a recent Court of Appeal decision on TLATA – Tanfield Chambers

Posted March 6th, 2024 in appeals, chambers articles, families, financial dispute resolution, financial provision, news, trusts by sally

‘In the system of trusts of land introduced by the Trusts of Land and Appointment of Trustees Act 1996 (“TLATA”), the court is given the power, on an application by a trustee of land or someone who has an interest in the property under the trust, to make any order relating to the trustees’ exercise of their functions as it thinks fit. The question for the Court of Appeal in Savage v Savage [2024] EWCA Civ 49 was what the court can have regard to when exercising that power.’

Tanfield Chambers, 22nd February 2024

Source: www.tanfieldchambers.co.uk

Maintenance for a disabled adult child: a case of legal blogging – Transparency Project

Posted February 7th, 2024 in child support, children, disabled persons, families, family courts, financial provision, news by sally

‘Between August 2022 and June 2023, I observed, online, a number of hearings in a single case heard by His Honour Judge Shelton who is a judge in the family court in Leeds. The case was about the amount of money that the father/ex husband (James) should pay towards his ex-wife Beth and their daughter Isabelle. (These are fake names.) He had been paying £100 per month to Beth and £1500 to Isabelle. The case was unusual because Isabelle was an adult. Normally, a parent would not have to pay maintenance for an adult child, but there are exceptions to this and one of the exceptions is where the adult child is disabled. Isabelle has multiple physical and intellectual difficulties She lived with Beth in an adapted home and Beth provided her with full-time care, including with the help of various carers.’

Transparency Project, 6th February 2024

Source: transparencyproject.org.uk

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

Posted November 24th, 2023 in costs, divorce, families, family courts, financial dispute resolution, financial provision, legal representation, litigation friends, news by tracey

‘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.”’

Law Society's Gazette, 23rd November 2023

Source: www.lawgazette.co.uk

Special Contributions in Family Law – 33 Bedford Row

Posted November 22nd, 2023 in chambers articles, divorce, families, family courts, financial dispute resolution, financial provision, news by sally

‘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.’

33 Bedford Row, 17th October 2023

Source: www.33bedfordrow.co.uk

Financial Remedies: Proprietary Estoppel & Interveners – Article by Matthew Smith – Park Square Barristers

Posted October 19th, 2023 in chambers articles, estoppel, families, financial provision, joinder, news, third parties by sally

‘The recent case of Teasdale v Carter & Teasdale [2023] EWHC 490 (Fam) provides a helpful reminder of the principles to be applied in a financial remedies hearing when a third party is joined in order for them to argue an interest in the family pot.’

Park Square Barristers, 26th September 2023

Source: www.parksquarebarristers.co.uk

The Law Commission’s Review on Financial Remedies – Pump Court Chambers

Posted October 4th, 2023 in chambers articles, divorce, financial provision, Law Commission, news, podcasts by sally

‘This podcast will look at the scope of the Law Commission’s work on this topic, and delve into the reasons why some have called for a review, the possible options for reform, the pros and cons, and comparisons with other jurisdictions.’

Pump Court Chambers, 11th September 2023

Source: www.pumpcourtchambers.com

Tying the Knot Abroad – Family Law

Posted October 3rd, 2023 in divorce, embassies, financial provision, foreign jurisdictions, marriage, news by sally

‘For those romantics, escapees from tradition (Las Vagas chapel not country church) or the merely impetuous, what does getting married abroad mean in terms of validity of the marriage? And for those who marry abroad and subsequently move to live in the UK, is their marriage recognised?’

Family Law, 2nd October 2023

Source: www.familylaw.co.uk

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