Category: financial provision

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 sally

‘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 sally

‘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

Millionaire’s £18m ‘promise’ made to ex over lavish lunch not legally binding – The Independent

Posted March 3rd, 2025 in families, family courts, financial provision, news, trusts by sally

‘A multi-millionaire’s ex who claimed she was promised half their £18m family house during “lunch on a snowcapped mountain” has lost her court fight after a judge found the meeting was an “elaborate performance” to keep her happy when he failed to marry her.’

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The Independent, 3rd March 2025

Source: www.independent.co.uk

The Worst Secret Santa? Reflections on Hirachand v Hirachand and Anor [2024] UKSC 43 – St Philips Barristers

Posted February 26th, 2025 in appeals, chambers articles, families, fees, financial provision, news, solicitors, Supreme Court, wills by sally

‘On 18 December 2024, the Supreme Court delivered its much-anticipated decision in Hirachand, holding that Conditional Fee Agreement (“CFA”) success fees cannot be recovered as part of an applicant’s financial needs under the Inheritance (Provision for Family and Dependants) Act 1975 (“the 1975 Act”). Although the decision has now provided much-needed certainty in this area, to say it has had a mixed reception amongst Chancery practitioners would be an understatement. This note will provide an overview of the decision and its background as well as some reflections on its implications for future litigants.’

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St Philips Barristers, 30th January 2025

Source: st-philips.com

Non disclosure and adverse inferences – Becket Chambers

Posted February 14th, 2025 in chambers articles, disclosure, divorce, families, financial dispute resolution, financial provision, news by sally

‘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

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

Posted February 10th, 2025 in dispute resolution, divorce, families, family courts, financial provision, married persons, news by sally

‘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

Posted February 7th, 2025 in bankruptcy, disclosure, divorce, families, financial dispute resolution, financial provision, news by sally

‘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 sally

‘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

Ma v Roux: Yes, You Can Strike Out a Set Aside Application – Financial Remedies Journal

Posted January 14th, 2025 in financial provision, news, setting aside, striking out by sally

‘This is a response to the FRJ blog post by Nicholas Allen KC and Philip Tait, “Ma v Roux: Can You Strike Out a Set Aside Application?” (25 September 2024), which posed the question as to whether the court is empowered to strike out an application to set aside a financial remedy order. ‘

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Financial Remedies Journal, 8th January 2025

Source: financialremediesjournal.com

Financial Remedies – Consent Orders – 33 Bedford Row

Posted January 7th, 2025 in chambers articles, consent, divorce, families, family courts, financial dispute resolution, financial provision, news by sally

‘Financial Remedies – obtaining approval of a consent order”

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33 Bedford Row, 18th December 2024

Source: www.33bedfordrow.co.uk

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 sally

‘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?’

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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 sally

‘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.’

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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.’

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Becket Chambers, 7th October 2024

Source: becket-chambers.co.uk

Wells Sharing: Commonplace or a Matter of Last Resort? – Financial Remedies Journal

Posted November 11th, 2024 in divorce, families, family courts, financial provision, news by sally

‘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.’

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Financial Remedies Journal, 8th November 2024

Source: financialremediesjournal.com

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 sally

‘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.’

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Financial Remedies Journal, 1st November 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 sally

‘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.’

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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.’

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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 sally

‘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.’

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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 sally

‘Resolution’s Report on Domestic Abuse in Financial Remedy Proceedings: An Overview of the Key Findings and Recommendations.’

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Financial Remedies Journal, 8th October 2024

Source: financialremediesjournal.com

Ma v Roux: Can You Strike Out a Set Aside Application? – Financial remedies Journal

Posted October 1st, 2024 in financial provision, news, setting aside, striking out by sally

‘It was settled in Wyatt v Vince [2015] UKSC 14, [2015] 1 FLR 972 that the court cannot strike-out/give summary judgment on a legally recognisable application for a financial remedy order as an applicant is entitled to have such an application heard on its merits and it cannot therefore be dealt with summarily on the basis that it has no real prospect of success.’

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Financial remedies Journal, 25th September 2024

Source: financialremediesjournal.com