financial provision – Page 2 – Current Awareness

Till Debt Do Us Part: Bankruptcy and Financial Remedies – Financial Remedies Journal

Posted October 1st, 2024 in bankruptcy, divorce, financial provision, news by sally

‘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

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 sally

‘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

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 sally

‘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

Posted August 13th, 2024 in chambers articles, child support, children, divorce, families, family courts, financial provision, news by sally

‘Financial Remedies – Short Marriage.’

33 Bedford Row, 7th August 2024

Source: www.33bedfordrow.co.uk

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

Judge lifts anonymity in family court judgment involving Premier League footballer – Law Society’s Gazette

Posted August 1st, 2024 in anonymity, children, families, family courts, financial dispute resolution, financial provision, news, sport by sally

‘A judge has taken the unusual step of publishing an unanonymised and unredacted family court judgment involving Premier League footballer and England vice-captain Kyle Walker – after concluding that to anonymise or redact the judgment would have opened the court to ridicule.’

Law Society's Gazette, 31st July 2024

Source: www.lawgazette.co.uk

What Is a ‘Predicament of Real Need’? – Financial Remedies Journal

Posted July 23rd, 2024 in divorce, financial provision, news, prenuptial agreements by sally

‘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

Notionally Flawed? Notional Assessments in LSPO Applications – Financial Remedies Journal

Posted July 15th, 2024 in costs, divorce, financial dispute resolution, financial provision, legal services, news by sally

‘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

Eternal life, or dead and buried – which claims survive death? – Wilberforce Chambers

Posted June 27th, 2024 in bereavement, breach of trust, chambers articles, financial provision, news, probate, wills by sally

‘Lois McMaster Bujold once wrote “the dead cannot cry out for justice. It is the duty of the living to do so for them”. This articles considers how far the living may be able to go – the death of a party to current or potential litigation is not a priority in the grieving process of the loved ones left behind, but it is an aspect of litigation with which lawyers should be familiar.’

Wilberforce Chambers, 23rd May 2024

Source: www.wilberforce.co.uk

FRJ – AT v BT: The Return of Compensation – Financial Remedies Journal

Posted June 24th, 2024 in chambers articles, compensation, divorce, families, financial dispute resolution, financial provision, news by sally

‘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

Posted June 17th, 2024 in divorce, families, family courts, financial dispute resolution, financial provision, news, pensions by sally

‘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

What happens when Child Maintenance is not enough? – Becket Chambers

Posted June 12th, 2024 in chambers articles, child support, children, families, family courts, financial provision, news, remuneration by sally

‘Child maintenance refers to the financial support which is made by a parent towards a child’s living costs and expenses after the parents separate. It is usually an amount which is paid to the resident parent who cares for the child most of the time.’

Becket Chambers, 9th May 2024

Source: becket-chambers.co.uk

NA v LA [2024] EWFC 113 – 1 GC: Family Law

Posted June 6th, 2024 in case management, chambers articles, dispute resolution, divorce, family courts, financial provision, news, stay of proceedings by sally

‘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

Posted June 3rd, 2024 in children, dispute resolution, divorce, families, family courts, financial dispute resolution, financial provision, news by sally

‘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

Posted May 31st, 2024 in dispute resolution, divorce, families, family courts, financial dispute resolution, financial provision, judges, news by michael

‘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

Posted May 30th, 2024 in dispute resolution, divorce, financial provision, news, stay of proceedings by sally

‘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

Posted May 29th, 2024 in appeals, divorce, families, family courts, financial dispute resolution, financial provision, news by sally

‘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

What’s the Point of a Judgment? Examples, Authorities and the Panopticon – Financial Remedies Journal

Posted May 7th, 2024 in family courts, financial provision, judgments, law reports, news, reasons by sally

“What’s the Point of a Judgment? Examples, Authorities and the Panopticon.”

Financial Remedies Journal, 2nd May 2024

Source: financialremediesjournal.com

Hadkinson Orders: the Need to Show Restraint – Financial Remedies Journal

Posted May 2nd, 2024 in contempt of court, family courts, financial provision, news, periodical payments by sally

‘This article addresses ‘Hadkinson’ orders (Hadkinson v Hadkinson [1952] All ER 567), in light of several recent cases handed down over a short period of time, highlighting the potential limitations as to their availability, namely:
– Williams v Williams [2023] EWHC 3098 (Fam) – Moor J
– WX v HX [2023] EWFC 279 – Recorder Day
– L v O [2024] EWFC 6 – Cobb J
– Re Z (No 5) (Enforcement) [2024] EWFC 44 – Cobb J’

Financial Remedies Journal, 17th April 2024

Source: financialremediesjournal.com

Savage v Savage – a recent Court of Appeal decision on TLATA – Tanfield Chambers

Posted March 6th, 2024 in appeals, chambers articles, families, financial dispute resolution, financial provision, news, trusts by sally

‘In the system of trusts of land introduced by the Trusts of Land and Appointment of Trustees Act 1996 (“TLATA”), the court is given the power, on an application by a trustee of land or someone who has an interest in the property under the trust, to make any order relating to the trustees’ exercise of their functions as it thinks fit. The question for the Court of Appeal in Savage v Savage [2024] EWCA Civ 49 was what the court can have regard to when exercising that power.’

Tanfield Chambers, 22nd February 2024

Source: www.tanfieldchambers.co.uk

«
1
2
3
4
5
6
7
…
25
»

Archives