Financial Remedies – Non Matrimonial Property – 33 Bedford Row
‘Financial Remedies – Non Matrimonial Property.’
33 Bedford Row, 2nd September 2024
Source: www.33bedfordrow.co.uk
Category: divorce
Cohabitation and Separation: When Does the Clock Start and Stop? – Financial Remedies Journal
‘Since the two seminal decisions of the House of Lords, first in White v White [2000] 2 FLR 981 and then in Miller v Miller; McFarlane v McFarlane [2006] 1 FLR 1186, introduced practitioners to the potentially crucial distinction (in sharing cases, at least) between matrimonial and non-matrimonial property, and the decision of Nicholas Mostyn QC (as he then was) in GW v RW (Financial Provision: Departure from Equality) [2003] 2 FLR 108 introduced into orthodoxy the practice of treating seamless pre-marital cohabitation as, or at least as if it were, part of a marriage, the question of when parties commenced cohabitation has assumed an important significance (although, unlike the ES1, Form E still does not require them to set out when they say that was), alongside the question of when they separated.’
Financial Remedies Journal, 22nd August 2024
Source: financialremediesjournal.com
HJB v WPB: Beware the Preliminary Issue – Financial Remedies Journal
‘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
‘Financial Remedies – Short Marriage.’
33 Bedford Row, 7th August 2024
Source: www.33bedfordrow.co.uk
Domestic abuse and the Financial Remedies Court – Transparency Project
‘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
What Is a ‘Predicament of Real Need’? – Financial Remedies Journal
‘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
Firm forced to take action against client’s ex-husband over email error – Legal Futures
‘A family law firm has had to take legal action against the ex-husband of a client after an associate accidentally sent confidential information about another client to him.’
Legal Futures, 15th July 2024
Source: www.legalfutures.co.uk
Notionally Flawed? Notional Assessments in LSPO Applications – Financial Remedies Journal
‘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
Important Development in the Marinos/Munro Saga – Financial Remedies Journal
‘A more detailed explanation of the background to this issue can be found in a blog Prof David Hodson OBE KC(Hons) MCIArb and I wrote for the FRJ earlier this year, but in considerable summary the position is as follows.’
Financial Remedies Journal, 8th July 2024
Source: financialremediesjournal.com
FRJ – AT v BT: The Return of Compensation – Financial Remedies Journal
‘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
‘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
Non-Matrimonial Assets – Assets Acquired Post-Separation – Becket Chambers
I have written twice previously on this website about non-matrimonial assets but, the authorities referred to therein tended to have some emphasis upon assets acquired prior to the marriage whereas recently there have been two cases that focus on post-separation acquired assets.’
Becket Chambers, 28th May 2024
Source: becket-chambers.co.uk
NA v LA [2024] EWFC 113 – 1 GC: Family Law
‘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
‘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
‘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
‘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
‘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
Man fails in bid to end French civil partnership in England – Law Society’s Gazette
‘A man born in England has lost his bid to have the Family Court here oversee the dissolution of his French civil partnership.’
Law Society's Gazette, 24th May 2024
Source: www.lawgazette.co.uk
Family judge tells divorcing couples to use ADR before going to court – Legal Futures
‘A Family Court judge has told divorcing couples that the court expects them to make “a serious effort” to resolve their differences before issuing proceedings.’
Legal Futures, 19th March 2024
Source: www.legalfutures.co.uk
Government announces early legal advice pilot for separating couples – Legal Futures
‘The government is to launch a pilot of early legal advice for separating couples to judge what impact it could have to speed up a resolution.’
Legal Furures, 26th January 2024
Source: www.legalfutures.co.uk
