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Pre-Nuptial Agreements: an ‘Oven-Ready’ Solution to a Pressing Problem? A House of Lords Debate
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.
- Blog
- Pre-Nuptial Agreements
!13/03/2025 16:45
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
Latest cases
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Collardeau v Fuchs & Anor [2025] EWFC 3619 February 2025
Poole J. Finding of a sham lease within enforcement proceedings of a final financial remedy order.
- Cases
- Setting Aside Transactions
- Enforcement
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Sandeep Kumar Chugh v Latika Chugh [2025] EWFC 424 March 2025
Nicholas Allen KC (sitting as a deputy High Court judge). Final hearing concerning H’s application for recognition of divorce proceedings brought by H in India, and H’s challenge to the jurisdictional basis of divorce proceedings brought in the UK by W.
- Cases
- Family Law Act 1986
- Jurisdiction
- Stay Pending Resolution of Overseas Proceedings
- Stay of Proceedings
- Non-Recognition of Overseas Divorce
- International Enforcement
- Recognition of Indian Divorce
- Setting Aside Orders (Including Barder Applications)
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FI v DO [2024] EWFC 384 (B)20 December 2025
District Judge Crisp. Final Hearing in FR case involving which party should keep the family dog, a golden retriever puppy, ‘N’.
- Cases
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AN v NO [2024] EWFC 949 May 2024
Sir Jonathan Cohen. Jurisdiction dispute concerning (i) whether the courts of England and Wales have jurisdiction to entertain W’s divorce application; and (ii) whether, if there is jurisdiction, England and Wales is the forum conveniens.
- Cases
- Jurisdiction
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Mary-Jane Grace and Ian Douglas Grace [2025] EWFC 37 (B)10 January 2025
HHJ Farquhar. Straightforward financial remedy proceedings continued an additional 2½ years after the agreement at the FDR. Significant litigation misconduct, far beyond acceptable standards, resulting in striking delay and wasted costs orders; criticism also of conduct of W’s solicitor. The judgment provides useful guidance on anonymisation in financial remedy judgments where there is litigation misconduct.
- Cases
- Anonymity and Transparency
- Conduct
- Delay
- Costs
- Litigation Misconduct
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