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Stamp Duty Land Tax and Divorce
This is sometimes the forgotten tax on divorce. Maybe this is fair enough as there is a pretty clear exemption in tax law that states that stamp duty land tax (SDLT) will not apply to transfers pursuant to divorce.
- Blog
- Stamp Duty
- Tax
- Land
!10/02/2025 23:53
What to Do Where One Spouse Will Not Co-operate with a Court-Ordered Sale?
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.
- Blog
- Sale of Property
!06/02/2025 08:00
Post-Separation Income: Has Rossi Survived Waggott and Standish?
In Rossi v Rossi [2007] 1 FLR 790 Nicholas Mostyn QC adopted a formulaic approach in relation to ‘a post-separation bonus or other earned income’. He stated that ‘[a]lthough there is an element of arbitrariness’ he would not allow a post-separation bonus to be classed as non-matrimonial ‘unless it related to a period which commenced at least 12 months after the separation’.
- Blog
- Post-Separation Accrual
!05/02/2025 11:51
ST v AR [2025] EWFC 4
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. The wife applied for divorce in May 2023. They therefore had nearly 20 years together, albeit not seamless cohabitation.
- Blog
- Matrimonial and Non-Matrimonial Property
- Matrimonialisation
- Needs
!29/01/2025 09:27
Of Dogs and Divorce
Of dogs and divorce: why treating pets as chattels is an anachronism.
- Blog
- divorce
!28/01/2025 10:02
Latest cases
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QW v GH [2025] EWFC 19 (B)31 January 2025
DJ Worthley. Final hearing in a financial relief claim brought by W 8 years after the parties separated.
- Cases
- Post-Separation Accrual
- Jurisdiction
- Delay
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CH v TH [2024] EWFC 135 (B)26 April 2024
HHJ Willans. Final hearing in FR proceedings involving parties with widely conflicting views as to the resources available. The outcome was a modest departure from equality with a 53% split in W’s favour.
- Cases
- Procedure
- Litigation Misconduct
- Evidential Issues
- Needs
- Property Particulars
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RM v WP [2024] EWFC 191 (B)28 June 2024
HHJ Hess. Modest asset case exploring whether a departure from equality is appropriate where there were four consecutive family homes during the marriage, all of which were acquired by one party prior to the marriage.
- Cases
- Housing Need
- Matrimonialisation
- Modest Asset Cases
- Needs
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P v Q, R and S [2024] EWFC 164 (B)19 June 2024
District Judge Veal. Final hearing concerning W’s claim in financial remedy proceedings for a beneficial interest in two properties which had been bought and renovated by H and the intervenors, H’s parents. District Judge Veal found that W had been dishonest in pursuing her claims and had presented her case in a ‘nebulous way’ which must have felt ‘like a real slap in the face’ for the intervenors.
- Cases
- Transparency
- TOLATA Claims
- Joinder of Third Parties
- Trusts
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MacQueen v MacQueen [2024] EWFC 400 (B)9 February 2025
District Judge Ashby. Final hearing concerning an application for a final financial remedy order in proceedings concerning serious findings of non-disclosure.
- Cases
- Non-Disclosure
- Spousal Maintenance (Quantum)
- Financial Remedies Court (FRC)
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