financial dispute resolution – Current Awareness

Child Maintenance and Mortgage Payments – New Guidance: LM v SSWP & NM [2024] UKUT 259 (AAC) – Financial Remedies Journal

Posted December 2nd, 2024 in child support, children, divorce, families, financial dispute resolution, financial provision, mortgages, news by tracey

‘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

Dangers of Applying PSOs Determined Using pre-McCloud CEVs on ‘McCloud compliant’ CEVs – Financial Remedies Journal

Posted November 25th, 2024 in divorce, families, family courts, financial dispute resolution, financial provision, news, pensions by tracey

‘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

What can I do when my ex-partner refuses to comply with a financial remedy order? – Becket Chambers

Posted November 13th, 2024 in chambers articles, families, financial dispute resolution, financial provision, news by sally

‘Where a party to financial remedy proceedings fails to comply with a final order, there are numerous ways in which the order can be enforced. The rules relating to the enforcement of orders in family proceedings are found in Part 33 of the Family Procedure Rules 2010.’

Becket Chambers, 7th October 2024

Source: becket-chambers.co.uk

Conduct in financial remedy proceedings: N v J [2024] EWFC 184 – Becket Chambers

Posted November 13th, 2024 in chambers articles, cohabitation, families, family courts, financial dispute resolution, news by sally

‘It can often be a difficult and sensitive topic in financial remedy proceedings: what relevance is domestic abuse when considering a fair distribution of assets after separation?’

Becket Chambers, 1st October 2024

Source: becket-chambers.co.uk

The Autumn 2024 Budget: A Summary of the Key Reforms for Financial Remedy Practitioners – Financial Remedies Journal

Posted November 4th, 2024 in budgets, capital gains tax, corporation tax, divorce, education, families, financial dispute resolution, financial provision, foreign jurisdictions, inheritance tax, minimum wage, national insurance, news, stamp duty, taxation by tracey

‘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

GH v GH – FDRs Are Not to Be Dispensed With – Financial Remedies Journal

Posted October 28th, 2024 in divorce, families, family courts, financial dispute resolution, news by tracey

‘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

Posted October 28th, 2024 in divorce, families, family courts, financial dispute resolution, litigants in person, news by tracey

‘No Special Favours: Litigants in Person and the Financial Remedies Court’

Financial Remedies Journal, 23rd October 2024

Source: financialremediesjournal.com

A 40-Year Revolution in Financial Remedies – Financial Remedies Journal

Posted October 21st, 2024 in child support, children, divorce, families, family courts, financial dispute resolution, financial provision, news by tracey

‘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

Form FM5 and MIAM’s – Becket Chambers

Posted October 18th, 2024 in chambers articles, children, costs, dispute resolution, families, financial dispute resolution, financial provision, news by sally

‘It has been a requirement for a number of years that before financial proceedings or children matters that the applicant, save for a few exemptions, is required to attend a Mediation Information and Assessment Meeting [MIAM]. Often by the time parties attend their MIAM, they have reached the stage of utter frustration and have felt that the only way forward was to go to court. The MIAM for some people became a mere hurdle to be overcome so that they could go to court, it was a tick box exercise.’

Becket Chambers, 24th September 2024

Source: becket-chambers.co.uk

Delaying a Divorce Because of Financial Prejudice: The New No-fault Law and Practice – Financial Remedies Journal

Posted October 14th, 2024 in delay, divorce, families, family courts, financial dispute resolution, financial provision, news by tracey

‘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

Posted October 14th, 2024 in divorce, domestic violence, families, family courts, financial dispute resolution, financial provision, news by tracey

‘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

Enhancing Public Understanding of Financial Remedies on Divorce – Financial Remedies Journal

Posted September 23rd, 2024 in divorce, families, family courts, financial dispute resolution, financial provision, legal profession, news by tracey

‘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

Financial Remedies – Applicable legal principles under MCA 1973 – 33 Bedford Row

Posted September 11th, 2024 in chambers articles, divorce, families, financial dispute resolution, news by tracey

‘Financial Remedies – Applicable legal principles under MCA 1973.’

33 Bedford Row, 10th September 2024

Source: www.33bedfordrow.co.uk

The Art of the Award: Delivering an Arbitral Award in a Financial Remedies Case – Financial Remedies Journal

Posted September 9th, 2024 in arbitration, case management, families, financial dispute resolution, news by tracey

‘Like advocacy, award writing is a solitary and idiosyncratic art. No doubt others use different brush strokes. These are my tips for award writing.’

Financial Remedies Journal, 5th September 2024

Source: financialremediesjournal.com

Private FDRs – what are they and are they really worth it? – Becket Chambers

Posted September 5th, 2024 in chambers articles, divorce, families, financial dispute resolution, news by sally

‘Any litigation involving your own family is undoubtedly very stressful. Add to the mix a long drawn out expensive process and the stress factors are compounded even more.’

Becket Chambers, 30th August 2024

Source: becket-chambers.co.uk

Financial Remedies – Non Matrimonial Property – 33 Bedford Row

Posted September 4th, 2024 in chambers articles, divorce, families, financial dispute resolution, marriage, married persons, news by tracey

‘Financial Remedies – Non Matrimonial Property.’

33 Bedford Row, 2nd September 2024

Source: www.33bedfordrow.co.uk

HJB v WPB: Beware the Preliminary Issue – Financial Remedies Journal

Posted August 19th, 2024 in divorce, families, family courts, financial dispute resolution, financial provision, news by tracey

‘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

Domestic abuse and the Financial Remedies Court – Transparency Project

Posted August 9th, 2024 in divorce, domestic violence, families, family courts, financial dispute resolution, financial provision, news by sally

‘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

Solicitors hit out at FCA over car finance mis-selling delay – Legal Futures

Posted August 1st, 2024 in complaints, consultations, consumer credit, consumer protection, delay, financial dispute resolution, financial services ombudsman, news, solicitors by tracey

‘Solicitors representing clients with claims for mis-sold car finance have expressed frustration at the Financial Conduct Authority’s (FCA) delay in completing its work on the issue.’

Legal Futures, 1st August 2024

Source: www.legalfutures.co.uk

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