financial provision – Page 5 – Current Awareness

Family Affairs Financial Remedies Update June 2021 – St John’s Chambers

Posted June 14th, 2021 in chambers articles, divorce, families, family courts, financial dispute resolution, financial provision, news by sally

‘Not for the first time, the reported cases are dominated by parties with limited connection with England and Wales, or indeed with the quotidian financial experience of most of those involved in litigation before our courts. There is a handful of cases which address the impact of the pandemic but, as Judge Kloss observed in one, the fact that there has not been a ‘tsunami’ of Barder applications suggests that the exceptionality condition for such applications is being recognised.’

St John's Chambers, 8th June 2021

Source: www.stjohnschambers.co.uk

Costs orders – litigate at your peril – Family Law

Posted June 7th, 2021 in costs, divorce, families, family courts, financial dispute resolution, financial provision, news by tracey

‘It seems there has been a never-ending line of costs commentary flowing through the reported decisions from financial remedy courts as of late. There is a clear trend of encouraging the making of costs orders; something that was far from the norm of no costs orders in contested financial remedy proceedings a few years ago. The reasons for this encouragement are many and possibly speculative; perhaps a by-product of the cuts to Legal Aid and therefore the lack of access to legal representation inevitably leading to extensive, unnecessary, and unmeritorious litigation, perhaps a consequence of the continued backlog in the family courts, perhaps an ancillary product of the widening parameters of judicial discretion and uncertainty?’

Family Law, 3rd June 2021

Source: www.familylaw.co.uk

Pension sharing orders: Finch v Baker – Family Law

Posted May 20th, 2021 in divorce, evidence, financial provision, news, pensions, taxation by tracey

‘The Court of Appeal judgment in Finch v Baker [2021] EWCA Civ 72 was released on 28 January 2021. The judgment provides some useful guidance on not being able to get what are essentially conduct arguments contrary to s25(g) through the back door by making “negative contribution” arguments, and it also highlights the importance of ensuring that you adduce and apply for the most appropriate and necessary evidence in advance of a hearing. Simply arguing that an updated pension report is needed, following an appeal hearing, on the basis that the pension sharing order made would not reflect the judge’s intentions as the CE figures would be significantly out of date, is insufficient and misconceived.’

Family Law. 14th May 2021

Source: www.familylaw.co.uk

Resources and Section 25 of the Matrimonial Causes Act 1973 – Family Law Week

Posted April 30th, 2021 in divorce, families, financial dispute resolution, financial provision, news, third parties by tracey

‘Joseph Rainer and Thomas Haggie, barristers of Queen Elizabeth Building, consider third-party assets and their bearing on the court’s assessment of resources in financial remedy cases.’

Family Law Week, 28th April 2021

Source: www.familylawweek.co.uk

Oligarch’s son told to pay mother £75m after world’s biggest divorce case – The Guardian

Posted April 22nd, 2021 in divorce, families, financial provision, news by sally

‘The son of an oligarch caught up in the world’s largest divorce case has been told to pay £75m to his mother after a judge at the high court in London found he was “a dishonest individual who will do anything to assist his father”.’

The Guardian, 21st April 2021

Source: www.theguardian.com

Costs in financial remedy cases: LM v DM (Costs Ruling) [2021] EWFC 28A short but important judgment Date:30 MAR 2021 – Family Law

Posted March 31st, 2021 in costs, family courts, financial provision, news, practice directions by tracey

‘A short but important judgment emphasising the costs consequence that a litigant may face if they have failed to negotiate openly and reasonably in the context of financial remedy proceedings was handed down by Mostyn J on 12 March 2021 in the case of LM v DM (Costs Ruling) [2021] EWFC 28.’

Family Law, 30th March 2021

Source: www.familylaw.co.uk

Capitalisation of Child Maintenance: a very rare bird – Family Law Week

Posted March 22nd, 2021 in children, divorce, families, family courts, financial dispute resolution, financial provision, jurisdiction, news by tracey

‘Jo Carr-West, partner with Hunters, considers the implications of Mr Justice Mostyn’s recent judgment in AZ v FM.’

Family Law Week, 16th March 2021

Source: www.familylawweek.co.uk

Barder: Where are we now? – Family Law

Posted March 15th, 2021 in appeals, coronavirus, divorce, families, family courts, financial dispute resolution, financial provision, news, time limits by tracey

‘Few would have thought back on 1 March 2020 that we would, some 12 months later, be facing the first birthday of the strictest restrictions on personal freedoms in living memory. As we approach the anniversary of the first lockdown on 23 March 2020, it seems appropriate that we reconsider one of key questions of family lawyers back in Spring 2020, that of whether the pandemic was likely to satisfy the principles set down in the 1987 case of Barder v Barder [1987] 2 FLR 480. Unprecedented times, there is no doubt, but unprecedented enough to constitute a Barder event?’

Family Law, 12th March 2021

Source: www.familylaw.co.uk

The Covid-19 Pandemic as a Barder Event – Family Law Week

Posted February 26th, 2021 in coronavirus, divorce, families, family courts, financial dispute resolution, financial provision, news by tracey

‘Richard Kershaw, partner at Hunters Law LLP, considers the implications of Mr Justice Cohen’s judgment in FRB v DRC (No 3).’

Family Law Week, 25th February 2021

Source: www.familylawweek.co.uk

Contentious Wills & Probate Case Law Roundup 2020: Part I – Parklane Plowden Chambers

Posted February 18th, 2021 in fees, financial provision, news, repossession, wills by sally

‘In Part I of our three-part series of key caselaw updates in contentious wills, Anna Metcalfe discusses the Inheritance (Provision for Family and Dependants) Act 1975.’

Parklane Plowden Chambers, 8th February 2021

Source: www.parklaneplowden.co.uk

Financial Remedy Update, January 2021 – Family Law Week

Posted January 25th, 2021 in brexit, divorce, families, family courts, financial dispute resolution, financial provision, Ministry of Justice, news, statistics by tracey

‘Naomi Shelton, Associate, Mills & Reeve LLP considers the important news and case law relating to financial remedies and divorce during December 2020.’

Family Law Week, 21st January 2021

Source: www.familylawweek.co.uk

‘Lawyers aren’t a charity’: Family judge awards £60k incurred costs – Law Society’s Gazette

Posted November 30th, 2020 in children, costs, families, family courts, financial provision, news by sally

‘The High Court has awarded five-figure costs midway through family litigation and made the point that the lawyers involved should not be expected to wait for payment.’

Law Society's Gazette, 27th November 2020

Source: www.lawgazette.co.uk

Brexit and family law: do you need to act before 31 December? – Family Law Week

Posted November 26th, 2020 in brexit, divorce, EC law, enforcement, financial provision, news, time limits by tracey

‘Jay Patel, Partner and Polly Atkins, Associate, both of Hunters, highlight the circumstances in which action may need to be taken before the end of the year to protect a client’s interests.

Family Law Week, 19th November 2020

Source: www.familylawweek.co.uk

Costs and proceedings – Law Society’s Gazette

Posted November 16th, 2020 in costs, divorce, families, family courts, financial dispute resolution, financial provision, news by sally

‘Recent changes to the Family Procedure Rules (FPR) 2010 and views expressed from the bench mean that there has been an increased emphasis upon parties making open offers and seeking to narrow the issues in financial remedy proceedings. Not since the long-lamented demise of Calderbank letters have there been so many cases with clear warnings about costs.’

Law Society's Gazette, 16th November 2020

Source: www.lawgazette.co.uk

Court corrects gaffe which allowed ex-husband to stop payments – Law Society’s Gazette

Posted November 16th, 2020 in county courts, divorce, families, financial provision, litigants in person, news by sally

‘A court has permitted the correction of an order which accidentally allowed a husband to stop making payments to his ex-wife.’

Law Society's Gazette, 16th November 2020

Source: www.lawgazette.co.uk

Revisiting interim payments in IPFDA 1975 claims: Weisz v Weisz [2019] EWHC 3101 (Fam) – Hardwicke Chambers

Posted October 29th, 2020 in bereavement, financial provision, news, widows, wills by sally

‘Charlotte John investigates interim payments under the Inheritance (Provision for Family & Dependants) Act.’

Hardwicke Chambers, 26th October 2020

Source: hardwicke.co.uk

FS v RS and JS – A Most Unusual Case about the bank of mum and dad… – Transparency Project

Posted October 21st, 2020 in children, disabled persons, families, family courts, financial provision, jurisdiction, mental health, news, statutory interpretation by sally

‘Described as “a most unusual case”, the Family Court at the Royal Courts of Justice recently dismissed a forty-one-year-old son’s claim that the “bank of mum and dad” was legally obligated to maintain him. Most court orders for the payment of maintenance of children provide for that obligation to end at the age of 18 or upon the child leaving school. The courts retain jurisdiction to make or vary orders for maintenance of children in limited circumstances, including where there is already a court order in force, to meet expenses in connection with education or training for a trade, profession or vocation, and where the child has expenses attributable to a disability. In FS v RS and JS [2020] EWFC 63, Sir James Munby considered whether the court had jurisdiction in relation to claims under the Matrimonial Causes Act 1973 and the Children Act 1989 and whether jurisdiction under the inherent jurisdiction could be exercised as the Applicant asserted. This is an overview of Munby J’s remarkable judgment in light of an unprecedented proposition upon the court’s traditionally paternal or parental character.’

Transparency Project, 19th October 2020

Source: www.transparencyproject.org.uk

Man, 41, loses ‘unprecedented’ legal bid for parents’ financial support – BBC News

Posted October 1st, 2020 in disabled persons, families, financial provision, mental health, news by sally

‘A 41-year-old man has failed in a legal bid to force his wealthy parents to continue financially supporting him.’

BBC News, 30th September 2020

Source: www.bbc.co.uk

Costs rules: what you need to know – Family Law

Posted September 18th, 2020 in costs, divorce, families, financial dispute resolution, financial provision, news by tracey

‘“No one enters litigation simply expecting a blank cheque.” Francis J in WG v HG [2018] EWFC 84. But is this the case, or are we experiencing a new wave of litigants chancing their luck at the roulette wheel? Costs in financial remedy proceedings have come increasingly under the spotlight in recent years, most recently highlighted in some interesting and important commentary by Mostyn J, Francis J and Cohen J as to the manner in which litigation is conducted.’

Family Law, 16th September 2020

Source: www.familylaw.co.uk

Treatment of pensions on divorce – Law Society’s Gazette

Posted July 22nd, 2020 in divorce, families, financial dispute resolution, financial provision, news, pensions by sally

‘In July 2019, the Pensions Advisory Group (PAG) published its essential guide to the treatment of pensions on divorce. The report is available on the Nuffield Foundation website. The impact of the report can be seen in the weight attached to it in three recent decisions concerning the treatment of pensions on divorce.’

Law Society's Gazette, 20th July 2020

Source: www.lawgazette.co.uk

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