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ST v AR: The Origin of Assets and the Assessment of Needs
As Mostyn J observed in Clarke v Clarke [2023] 2 FLR 1 at [36], Peel J’s oft-quoted summary of the law in WC v HC (Financial Remedies Agreements) (Rev 1) [2022] 2 FLR 1110 at [21] is an ‘impeccable synopsis of the jurisprudence applicable in financial remedy cases [which] has become justly famous’. Somewhat more colloquially, Peel J has himself said (with a smile) that he has heard his summary described as ‘the Noddy Guide’ to financial remedies.
- Blog
- Assets
- Needs
!01/04/2025 10:20
Let’s Be Clear: The Transparency Reporting Pilot for Financial Remedy Proceedings
One of the most important considerations for anyone with significant wealth, or who has a public profile and who is getting divorced, is the subject of confidentiality and privacy. It is often a key factor of any such client who is considering where and how to get divorced, and it is something matrimonial solicitors have in mind in the first meeting they have with their client. Balanced against that is the push towards increasing transparency within our family justice system, the purpose of which being to promote accountability and public confidence in the same.
- Blog
- Transparency
!28/03/2025 07:00
Vince v Vince: Every Cloud Has a Green Lining
On Friday, 17 January 2024, Mr Justice Cusworth handed down the judgment of *Vince v Vince* [2024] EWFC 389 (Fam), which addresses a number of pertinent issues concerning business valuations, arguments over the duration of the marital partnership and whether pre- or post-marital endeavour warrants a departure from the sharing principle. This article aims to summarise the main points and issues raised by both parties, together with some helpful guidance provided by Cusworth J.
- Blog
- Expert Business Valuations
- Marital-Partnership
- Pre and Post-Marital Endeavour
!26/03/2025 07:00
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
Latest cases
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On v On [2024] EWFC 37911 December 2024
HHJ Booth (now retired), sitting as a High Court judge, considered whether the duty of full and frank disclosure ends at the arbitration hearing, the judgment, and also whether the arbitral award should be treated as a ‘judgment’. Held: the duty of full and frank disclosure continued until the final disposition of the claims by the court.
- Cases
- Dishonesty
- arbitration
- Disclosure
- Fraud
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DF v YB [2025] EWFC 46 (B)14 February 2025
Recorder Nicholas Allen KC. Judgment following four-day final hearing, in which the parties agreed that it was a sharing case and that the net capital assets should be divided equally. The dispute centred around issues of computation, including tax issues and add-back vs Wells sharing.
- Cases
- Loans
- Tax
- Debts
- Add-Backs
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D Culligan v A Culligan (No.2) (Costs and Anonymity) [2025] EWFC 2626 February 2025
Judgment dealing solely with the issues of costs and whether the substantive judgment in the financial remedies proceedings handed down on 14 January 2025 should be anonymised.
- Cases
- Anonymity and Transparency
- Costs
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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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