Teachers in divorce ‘limbo’ take pension legal action – BBC News

Posted March 24th, 2025 in class actions, compensation, delay, divorce, families, news, pensions, teachers by tracey

‘Teachers unable to get divorced because of delays getting their pensions valued are taking legal action against the government. Hundreds of teachers have been frustrated by long delays that left them “in limbo”, unable to move on with their lives or plan for their future.’

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BBC news, 24th March 2025

Source: www.bbc.co.uk

Pre-Nuptial Agreements: an ‘Oven-Ready’ Solution to a Pressing Problem? A House of Lords Debate – Financial Remedies Journal

Posted March 17th, 2025 in bills, divorce, financial provision, news, parliament, prenuptial agreements by tracey

‘Late last month, Baroness Deech brought a motion in the House of Lords, “That this House takes note of the law relating to prenuptial agreements”.The debate came against the backdrop of Baroness Deech having (of course) long pursued financial remedies reform through her Divorce (Financial Provision) Bill. She has gone on record as saying that she and Baroness Shackleton were ‘misled’ when, in 2020, they were “guaranteed” a review of the financial elements of divorce during the passage of the no fault divorce legislation; that we are lagging 50 years behind nearly every other country in the western world; and that financial remedies law as it stands “is so antagonistic and unreformed that it undermines the alleged good points of the no-fault divorce law.”’

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Financial Remedies Journal, 13th March 2025

Source: financialremediesjournal.com

The Latest Developments in Matrimonial Finance – Becket Chambers

Posted March 7th, 2025 in chambers articles, divorce, financial provision, news by Lily

‘This article highlights some significant developments that impact financial settlements upon divorce. Whether you are a solicitor, barrister, or an individual navigating the complexities of separation, staying informed is crucial. This article provides an updated and legally accurate breakdown of the latest changes, particularly in light of the Law Commission’s Financial Remedies Scoping Report, published on 18 December 2024.’

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Becket Chambers, 3rd March 2025

Source: becket-chambers.co.uk

Claim against family law firm over alleged negligence reinstated by High Court – Law Society’s Gazette

Posted March 7th, 2025 in conflict of interest, divorce, law firms, negligence, news by Lily

‘A Chancery Lane firm that brought a claim for unpaid invoices totalling £91,000 could now face a potential negligence action after its former client’s counterclaim was reinstated by the High Court.’

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Law Society's Gazette, 6th March 2025

Source: www.lawgazette.co.uk

High Court reinstates negligence claim against top family law firm – Legal Futures

‘A former client of a leading family law firm should be allowed to sue over its alleged failure to advise about its own negligence, the High Court has ruled.’

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Legal Futures, 6th March 2025

Source: www.legalfutures.co.uk

Addiction and divorce: challenges for the client and the adviser – Kingsley Napley Family Law Blog

‘As family lawyers, we are used to meeting our clients at a time when they are at their most vulnerable. This is intensified when addiction is present within a family. Divorce or separation places an added burden upon everyone involved and those individuals are likely to have experienced or still be experiencing the destruction that addiction can cause, some of it obvious and some of it less so.’

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Kingsley Napley Family Law Blog, 14th February 2025

Source: www.kingsleynapley.co.uk

INXS’s former manager wins divorce battle after estranged parents secretly ‘gifted’ ex-husband £27.6m – The Independent

Posted February 19th, 2025 in divorce, families, financial dispute resolution, news by tracey

‘A wealthy businesswoman has won a court fight against paying out £1.2m to her ex-husband after discovering her super-rich family had secretly “gifted” him £27.6m behind her back.’

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The Independent, 18th February 2025

Source: www.independent.co.uk

Court rejects divorcing husband’s conflict claim against solicitors – Legal Futures

Posted February 17th, 2025 in conflict of interest, divorce, law firms, news by tracey

‘The Family Court has rejected a divorcing husband’s claim that his wife’s solicitors are conflicted out of acting for her because of past work they did for the couple.’

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Legal Futures, 17th February 2025

Source: www.legalfutures.co.uk

Stamp Duty Land Tax and Divorce – Financial Remedies Journal

Posted February 17th, 2025 in divorce, matrimonial home, news, stamp duty by tracey

‘This is sometimes the forgotten tax on divorce. Maybe this is fair enough as there is a pretty clear exemption in tax law that states that stamp duty land tax (SDLT) will not apply to transfers pursuant to divorce. However, the last few years have seen the introduction of two SDLT surcharges and when these two combine it creates a top rate of SDLT of 19% – a sizeable liability which should not be forgotten when factoring in housing costs.’

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Financial Remedies Journal, 10th February 2025

Source: financialremediesjournal.com

Non disclosure and adverse inferences – Becket Chambers

‘A common complaint of parties to financial remedy proceedings is they are often dissatisfied with the level of disclosure provided by their former spouse. In practical terms, what can a Court realistically do? Much depends on the nature of any non-disclosure. Sadly, it is fairly common for spouses to try to hide assets or evade disclosing them. Whilst it happens all too frequently, it does not mean we should turn a blind eye to it and just accept it is happening. This article provides some practical tips to maximise the power of the adverse inference.’

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Becket Chambers, 10th February 2025

Source: becket-chambers.co.uk

Fifteen years on – The impact of Radmacher on UK prenups and divorces – Kingsley Napley Family Law Blog

Posted February 12th, 2025 in divorce, news, prenuptial agreements, Supreme Court by sally

‘It is now some fifteen years since the UK Supreme Court gave its landmark decision in the case of Radmacher v Granatino [2010] UKSC 42 on the use and effectiveness of prenuptial agreements. In doing so it moved the emphasis on to holding the parties to their bargain when setting out the principle that “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.”‘

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Kingsley Napley Family Law Blog, 5th February 2025

Source: www.kingsleynapley.co.uk

What to Do Where One Spouse Will Not Co-operate with a Court-Ordered Sale? – Financial Remedies Journal

‘The recently reported case of WZ v HZ [2024] EWFC 407 (B) (1 May 2024) provides guidance on how to manage the common occurrence of one spouse holding out in the family home despite an order for sale.’

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Financial Remedies Journal, 6th February 2025

Source: financialremediesjournal.com

MacQueen v MacQueen [2024] EWFC 400 (B) – Financial Remedies Journal

‘District Judge Ashby. Final hearing concerning an application for a final financial remedy order in proceedings concerning serious findings of non-disclosure.’

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Financial Remedies Journal, 6th February 2025

Source: financialremediesjournal.com

ST v AR [2025] EWFC 4 – Financial Remedies Journal

Posted February 3rd, 2025 in divorce, financial provision, matrimonial home, news, valuation by tracey

‘The Husband is 70. The Wife is 51. They have a 9-year-old daughter. They cohabited from February 2003 and in early 2012 separated due to the wife’s affair. In August 2012 – c.9 months later – they reunited. They married on 8 October 2012. In November 2020 the parties relocated to England from abroad. They came as non-doms to take advantage of the tax regime. The wife applied for divorce in May 2023. They therefore had nearly 20 years together, albeit not seamless cohabitation.’

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Financial Remedies Journal, 29th January 2025

Source: financialremediesjournal.com

Experts in mediation – a case study – Kingsley Napley Family Law Blog

Posted January 30th, 2025 in dispute resolution, divorce, expert witnesses, financial advice, news, pensions by sally

‘When dealing with the arrangements following separation, sometimes individuals need more than just the advice of a solicitor. Experts are frequently brought in to advise on specialist areas, such as taxation and pensions. The court process is adversarial in nature, and as such can easily become a breeding ground for polarised views and distrust. Expert opinions relied on by one party can be viewed with suspicion by the other, leading to lengthy (and costly) questions about, or submissions in respect of, those opinions. Each person may feel it necessary to seek their own expert advice in the background…double the experts usually means double the costs, reducing the total resources left to be shared.’

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Kingsley Napley Family Law Blog, 29th January 2025

Source: www.kingsleynapley.co.uk

Of Dogs and Divorce – Financial Remedies review

Posted January 29th, 2025 in animals, divorce, dogs, families, news by tracey

‘Of dogs and divorce: why treating pets as chattels is an anachronism.’

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Financial Remedies review, 28th January 2025

Source: financialremediesjournal.com

HO v TL – Business Valuations, Trust Interests & Needs Plus Costs – Becket Chambers

‘In view of the name of this case HO v TL [2024] 2 FLR 175, and the fact that the family business was a hotel business, I really hope that it will become known as “The Hotel Case”. Anyway, it does deserve to become known, because it is another decision from Peel J of the type referred to by Edward Kenny in his article last month, i.e. a really useful authority that sets out fundamental points, and quite a lot of them in this case. What is more, the costs decision in this case is also reported HO v TL (Costs) [2024] 2 FLR 200 and fits into the same category.’

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Becket Chambers, 18th December 2024

Source: becket-chambers.co.uk

Financial Remedies – Consent Orders – 33 Bedford Row

‘Financial Remedies – obtaining approval of a consent order”

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33 Bedford Row, 18th December 2024

Source: www.33bedfordrow.co.uk

The Lord Chancellor v 79 Divorced Couples: A Pirate’s Tale – Financial Remedies Journal

Posted January 7th, 2025 in divorce, electronic filing, news, time limits by tracey

‘At the end of term, the High Court handed down judgment in a challenging case, whose solution lay in the application of a much-forgotten 53-year-old judgment of the “pirate-like” Sir Jocelyn Simon P to seemingly irresolvable issues caused by errors in the digitalisation of the divorce process.’

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Financial Remedies Journal, 6th January 2025

Source: financialremediesjournal.com

Law Commission: scoping financial remedies on divorce – Law & Religion UK

‘On 18 December, the Law Commission published its scoping report on the laws governing finances on divorce and the ending of a civil partnership, an extract of which is reproduced below.’

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Law & Religion UK, 18th December 2024

Source: lawandreligionuk.com