financial dispute resolution – Page 3 – Current Awareness

London’s reputation as divorce capital could be tested by legal shake-up: Jaqueline Julyan SC – 5SAH

Posted October 4th, 2023 in chambers articles, divorce, financial dispute resolution, Law Commission, marriage, news by sally

‘A marital property regime is a system of property ownership between spouses. Property includes landed property, chattels, money in a bank account, businesses, shares in companies and claims (eg a loan). Marital property regimes differ from country to country. In some countries the matrimonial regime is imposed by operation of law and arises automatically upon marriage. Many civil law countries allow parties to select a matrimonial regime. This is usually by way of a pre-nuptial agreement.’

5SAH, 27th September 2023

Source: www.5sah.co.uk

Fairness versus Certainty – Should the Matrimonial Causes Act 1973 be Amended to Restrict the Duration of Spousal Maintenance? – Financial Remedies Journal

Posted July 10th, 2023 in bills, divorce, families, family courts, financial dispute resolution, financial provision, Law Commission, news by sally

‘As part of the Law Commission’s review of the law concerning financial division upon divorce, announced on 4 April 2023, it will consider “how maintenance payments for an ex-spouse or civil partner should work”. The terms of reference set out that the Law Commission is to consider specifically potential maximum periods for spousal periodical payment orders.’

Financial Remedies Journal, 3rd July 2023

Source: financialremediesjournal.com

Transparency – cases about finance on divorce – Transparency Project

Posted June 2nd, 2023 in divorce, families, family courts, financial dispute resolution, financial provision, news by sally

‘The Financial Remedies Court sub-group of the Transparency Implementation Group (TIG ) has published a 164 page report. This refers to cases about financial remedies on divorce i.e resolving issues between divorcing couples about their income and assets – they are not cases about children. The parties often have legal representation, but not always.’

Transparency Project, 31st May 2023

Source: transparencyproject.org.uk

Divorce reform: work finally begins on finances review – Law Society’s Gazette

Posted April 5th, 2023 in consultations, divorce, families, financial dispute resolution, financial provision, Law Commission, news by sally

‘Work has finally begun on a review of the laws governing finances on divorce – but a consultation on proposed reforms does not appear likely to emerge until 2025 at the earliest.’

Law Society's Gazette, 4th April 2023

Source: www.lawgazette.co.uk

How the courts deal with financial remedies in a short marriage – Family Law Week

Posted March 17th, 2023 in divorce, families, family courts, financial dispute resolution, financial provision, news by sally

‘I recently fought a case where the parties divorced after eighteen months. There is no formal definition of a short marriage, but there are some benchmarks. The median marriage in the UK at the time of divorce was 12.3 years in 2021 for opposite-sex couples while the most common duration of marriage was 8 years. The figures are lower for same-sex couples who have only been able to divorce since 2015. On this basis, my case was likely to qualify as a short marriage.’

Family Law Week, 13th March 2023

Source: www.familylawweek.co.uk

What does political instability and market volatility mean for separating couples? – Family Law

Posted January 23rd, 2023 in dispute resolution, divorce, families, financial dispute resolution, financial provision, news by sally

‘What does political instability and market volatility mean for separating couples?’

Family Law, 20th January 2023

Source: www.familylaw.co.uk

Financial Remedy Update, October 2022 – Family Law Week

Posted October 21st, 2022 in divorce, families, family courts, financial dispute resolution, financial provision, news by sally

‘Stephanie Hawthorn and Abigail Pearse, associates, at Mills & Reeve LLP consider the most important news and case law relating to financial remedies and divorce during September 2022.’

Family Law Week, 17th October 2022

Source: www.familylawweek.co.uk

Apocalypse now? Judge stunned at £8m divorce costs – Law Society’s Gazette

Posted April 13th, 2022 in costs, divorce, families, family courts, financial dispute resolution, judges, news by sally

‘A High Court judge has called for a cap on costs in family cases after describing the “apocalyptic” state of expensive divorce proceedings.’

Law Society's Gazette, 13th April 2022

Source: www.lawgazette.co.uk

Case summary: Lee Hudson v Jayne Hathway [2022] EWHC 631 (QB) – Gatehouse Chambers

Posted April 8th, 2022 in chambers articles, cohabitation, financial dispute resolution, housing, mortgages, news, trusts by sally

‘Ms Hathway and Mr Hudson started a relationship in 1990. They had two children but did not marry. They bought a family home in joint names, with no declaration of trusts. Both worked, but Mr Hudson substantially paid the mortgage; the amount he contributed exceeded Ms Hathway’s contributions. The parties separated.’

Gatehouse Chambers, 30th March 2022

Source: gatehouselaw.co.uk

Hudson v Hathway – No Detriment, No Problem? [2022] EWHC 631 (QB) – New Square Chambers

Posted April 7th, 2022 in appeals, chambers articles, cohabitation, financial dispute resolution, mortgages, news by sally

‘James Saunders provides in-depth commentary on the recent appeal decision in Hudson v Hathway [2022] EWHC 631 (QB) which considered the role of detriment (or lack thereof) in joint name co-habitation cases. Hudson is important reading for those advising upon trust of land disputes but may need to be viewed cautiously.’

New Square Chambers, 29th March 2022

Source: www.newsquarechambers.co.uk

Overseas pensions and divorce – Family Law

Posted March 28th, 2022 in divorce, families, family courts, financial dispute resolution, financial provision, foreign jurisdictions, news, pensions by sally

‘Pensions can make up a significant proportion of family assets and should be fully taken into account when financial matters are dealt with during a divorce. Where a couple with UK pensions divorce in England, the court can make various orders to deal them. Most commonly, a pension sharing order is made hiving off a portion of one party’s pension and giving it to the other. However, where there are pension assets overseas or a divorce overseas and pension assets in the UK, the situation is more complex. There are two angles that need to be considered:
Can an overseas pension be shared in a divorce in England & Wales; and Can a UK pension be shared in an overseas divorce.’

Family Law, 28th March 2022

Source: www.familylaw.co.uk

Financial Remedy Update, February 2022 – Family Law Week

Posted February 7th, 2022 in divorce, families, family courts, financial dispute resolution, financial provision, news by sally

‘Sue Brookes, Principle Associate and Nicola Rowlings, Professional Support Lawyer, at Mills & Reeve LLP consider the most important news and case law relating to financial remedies and divorce during January 2022.’

Family Law Week, 3rd February 2022

Source: www.familylawweek.co.uk

Family mediation scheme to help thousands more parents – Ministry of Justice

Posted January 17th, 2022 in children, dispute resolution, divorce, families, financial dispute resolution, Ministry of Justice, news by sally

‘Thousands more separating parents will avoid stressful courtroom battles as the Government boosts its landmark family mediation scheme with an additional £1.3 million.’

Ministry of Justice, 16th January 2022

Source: www.gov.uk

What does a ‘good’ divorce look like when are you dealing with the finances? – Family Law

Posted January 17th, 2022 in divorce, families, family courts, financial dispute resolution, news by sally

‘I asked clients, colleagues and an IFA specialising in divorce what they thought a “good” financial settlement looked like. The common thread in their answers was not, as you might expect, that it’s about winning. A “good” divorce, where the finances are concerned, is about realism and moving forward.’

Family Law, 12th January 2022

Source: www.familylaw.co.uk

The Farquhar Committee and the Future of the Financial Remedies Court – Family Law

Posted January 10th, 2022 in coronavirus, electronic filing, families, family courts, financial dispute resolution, litigants in person, news, remote hearings by sally

’23 March 2020 will be etched in the mind of generations. It was the day which brought unprecedented change to the way the world worked, not least the operation of the justice system and access to justice. Like many areas of law, the Financial Remedies Court [‘FRC’], was not prepared for the sudden and abrupt suspension of attended hearings, yet advances in technology quickly enabled the FRC to get back to work, albeit, at least to begin with, in a totally alien way for many. The use of remote hearings as a way of administering justice has now been the norm for over 20 months, and as the world begins to cautiously ‘get back to normal’, the question on the minds of all those practicing within the FRC is “what does the new normal look like?”’

Family Law, 7th January 2022

Source: www.familylaw.co.uk

Funder refused permission to use privileged material in ‘fraud’ claim – Legal Futures

Posted January 4th, 2022 in divorce, family courts, financial dispute resolution, news, privilege, third parties by sally

‘The High Court has refused a litigation funder’s bid to use privileged material to overturn a divorce settlement which it says deliberately provides no assets for the wife to pay the £1m she owes it.’

Legal Futures, 4th January 2022

Source: www.legalfutures.co.uk

Divorce can feel like a death, but what happens if the person you are divorcing actually passes away? – Family Law

Posted November 15th, 2021 in bereavement, divorce, families, family courts, financial dispute resolution, news by sally

‘It is often said that going through a divorce is similar to suffering a bereavement. However, what happens if the person you are divorcing actually dies midway through that process?’

Family Law, 12th November 2021

Source: www.familylaw.co.uk

Financial Remedy Update, October 2021 – Family Law Week

Posted October 13th, 2021 in bigamy, divorce, domestic violence, families, family courts, fees, financial dispute resolution, financial provision, foreign jurisdictions, inquiries, internet, media, news, Pakistan by sally

‘Stephanie Hawthorn, associate, and Robert Jackson, trainee solicitor, at Mills & Reeve LLP, consider the important news and case law relating to financial remedies and divorce during September 2021.’

Family Law Week, 8th October 2021

Source: www.familylawweek.co.uk

The online divorce and financial remedy service: How far have we come? And how far can we go? – Family Law

Posted September 20th, 2021 in divorce, families, financial dispute resolution, financial provision, HM Courts Service, internet, news by sally

‘From 13 September 2021 it will be mandatory for any divorce petition being issued by a solicitor in England and Wales to be issued via the HMCTS online portal. Paper applications will no longer be permitted. The HMCTS online divorce and financial remedy portal has come a long way since its launch in May 2018 and this is yet another important development for the provision of digital solutions in divorce and financial remedy case.’

Family Law, 17th September 2021

Source: www.familylaw.co.uk

Financial Remedy Update, September 2021 – Family Law Week

Posted September 13th, 2021 in divorce, domestic violence, families, financial dispute resolution, islamic law, marriage, news by sally

‘Rose-Marie Drury, Principal Associate at Mills and Reeve, consider the important news and case law relating to financial remedies and divorce during August 2021.’

Family Law Week, 9th September 2021

Source: www.familylawweek.co.uk

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