‘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
‘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
‘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
‘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
‘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
‘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
‘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, 2nd May 2024
Source: financialremediesjournal.com
‘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
‘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
‘Between August 2022 and June 2023, I observed, online, a number of hearings in a single case heard by His Honour Judge Shelton who is a judge in the family court in Leeds. The case was about the amount of money that the father/ex husband (James) should pay towards his ex-wife Beth and their daughter Isabelle. (These are fake names.) He had been paying £100 per month to Beth and £1500 to Isabelle. The case was unusual because Isabelle was an adult. Normally, a parent would not have to pay maintenance for an adult child, but there are exceptions to this and one of the exceptions is where the adult child is disabled. Isabelle has multiple physical and intellectual difficulties She lived with Beth in an adapted home and Beth provided her with full-time care, including with the help of various carers.’
Transparency Project, 6th February 2024
Source: transparencyproject.org.uk
‘A litigation friend who was said to be suffering from depression has been ordered to pay more than £42,000 in costs after a judge found his performance “wholly inadequate.”’
Law Society's Gazette, 23rd November 2023
Source: www.lawgazette.co.uk
‘How often do practitioners have a client insist that they have made a “greater” or a “special” contribution to the family’s finances? This is a regular occurrence in conference rooms up and down the country. This instruction from a lay client is often followed by a request to “ring fence” certain assets. What advice should be given to these adamant lay clients? Invariably, a lay client must be advised that it is extremely difficult to convince a court and that one party has made a “special contribution”. The court’s reluctance is rooted in the need to end discrimination between the breadwinner and a homemaker. Special contribution arguments are made by the breadwinners, usually in high net-worth cases and these arguments often lead nowhere.’
33 Bedford Row, 17th October 2023
Source: www.33bedfordrow.co.uk
‘The recent case of Teasdale v Carter & Teasdale [2023] EWHC 490 (Fam) provides a helpful reminder of the principles to be applied in a financial remedies hearing when a third party is joined in order for them to argue an interest in the family pot.’
Park Square Barristers, 26th September 2023
Source: www.parksquarebarristers.co.uk
‘This podcast will look at the scope of the Law Commission’s work on this topic, and delve into the reasons why some have called for a review, the possible options for reform, the pros and cons, and comparisons with other jurisdictions.’
Pump Court Chambers, 11th September 2023
Source: www.pumpcourtchambers.com
‘For those romantics, escapees from tradition (Las Vagas chapel not country church) or the merely impetuous, what does getting married abroad mean in terms of validity of the marriage? And for those who marry abroad and subsequently move to live in the UK, is their marriage recognised?’
Family Law, 2nd October 2023
Source: www.familylaw.co.uk
‘A 74-year-old millionaire accused of “squirrelling away” at least £27 million has won a family court fight over money with his estranged American millionaire wife despite being described by a judge as an “inveterate liar”.’
The Independent, 14th August 2023
Source: www.independent.co.uk
‘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
‘The Supreme Court has unanimously dismissed a wife’s appeal for financial relief against her husband’s estate after he died before the final determination of her application.’
Law Society's Gazette, 30th June 2023
Source: www.lawgazette.co.uk
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