‘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.’
Law & Religion UK, 18th December 2024
Source: lawandreligionuk.com
‘The Family Justice Council (FJC) has published guidance for Family Court judges and those working in the Family Justice System, on responding to allegations of alienating behaviour.’
Transparency Project, 11th December 2024
Source: transparencyproject.org.uk
‘Family courts in England and Wales should give more weight to allegations of domestic abuse than to claims of “parental alienation”, according to new guidance.’
BBC News, 11th December 2024
Source: www.bbc.co.uk
‘There have been few seismic changes in family law that reshaped everything. Much as we would love suddenly to have a new landscape for our professional work, most of us can only hope to find small solutions that work for some small corner of one field. However, bit by bit this may all contribute to an evolving and improving climate in which families change and start their new chapters. Here we hope is one more such.’
Financial Remedies Journal, 5th December 2024
Source: financialremediesjournal.com
‘Paul Newman KC examines a recent High Court decision on the test for financial dependency in a claim for death benefits under the LGPS.’
Pensions Barrister, 5th December 2024
Source: www.pensionsbarrister.com
‘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
‘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
‘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 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
‘Dozens of divorce applications were wrongly approved due to a computer error, the high court has heard.’
The Guardian, 31st October 2024
Source: www.theguardian.com
‘If ever there were any doubts as to the importance of the FDR appointment and the parties’ attendance at one, then Mr Justice Peel has unequivocally put those doubts to rest in his judgment in GH v GH [2024] EWFC 272, published on 3 October 2024. The court’s ongoing focus on assisting parties to resolve financial remedy proceedings in a timely and proportionate manner means that FDRs (including private FDRs) are, perhaps unsurprisingly, still receiving significant praise and judicial support.’
Financial Remedies Journal, 21st October 2024
Source: financialremediesjournal.com
‘No Special Favours: Litigants in Person and the Financial Remedies Court’
Financial Remedies Journal, 23rd October 2024
Source: financialremediesjournal.com
‘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
‘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, 8th October 2024
Source: financialremediesjournal.com
‘Grandparents have become increasingly involved in their grandchildren’s day to day lives over the last few decades, providing love, support, child care and a sounding board for frazzled parents. A number of studies have highlighted the benefit to children of having positive relationships with their grandparents and the importance of these connections is celebrated each year on Grandparents’ Day. However, as family dynamics shift over time, particularly following a divorce or bereavement, grandparent/grandchild relationships are often impacted.’
Kingsley Napley Family Law Blog, 10th October 2024
Source: www.kingsleynapley.co.uk
‘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
‘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
‘They Think It’s All Over… It Is Not! Express Declarations, Subsequent Agreements and the Decision in Re Cynberg.’
Financial Remedies Journal, 9th September 2024
Source: financialremediesjournal.com
‘Financial Remedies – Applicable legal principles under MCA 1973.’
33 Bedford Row, 10th September 2024
Source: www.33bedfordrow.co.uk
© Inner Temple Library 2024