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Latest blog posts
What Financial Remedy Lawyers Need to Know About Emojis ❓👨👩🤔🧐🌝
Emojis play a significant part in digital communications, including casual messaging, social media posts, and increasingly, professional communications. When we are reviewing historical messages, understanding what the emojis were intended to mean could become an essential part of identifying what was discussed and/or agreed at that time.
- Blog
- Interpretation
!15/11/2024 08:00
The End of the Non-Dom Tax Status: Time Now to End Family Law Domicile Jurisdiction
Domicile has been a fundamental basis of jurisdiction in English law including English family law. But it is intrinsically backward-looking, archaic in its concepts, thoroughly unknown or at best misunderstood by the population, differently defined abroad and at odds with many other countries including the EU. With the non-domicile tax status being abolished as announced in the budget in late October 2024, is it not time now to end domicile as a family law basis of jurisdiction? Nationality is a far more straightforward, certain and modern basis.
- Blog
- Jurisdiction
- Domicile
!11/11/2024 11:48
Wells Sharing: Commonplace or a Matter of Last Resort?
The importance of the ‘clean break’ has been reemphasised in recent years with greater emphasis being placed on MCA 1973 s 25A (and s 28(1A)), particularly in the judgments of Mostyn J.
- Blog
- Wells Sharing
- Clean Breaks and Term Maintenance
!08/11/2024 17:00
Open Offers: Achieving More or Seeking Less
The obligation on parties to negotiate openly and reasonably within financial remedy proceedings – and the consequences of not doing so – are well known. They were perhaps set out most clearly in OG v AG [2021] 1 FLR 1105 per Mostyn J.
- Blog
- Open Offers
- Negotiations
!04/11/2024 09:19
The Autumn 2024 Budget: A Summary of the Key Reforms for Financial Remedy Practitioners
In the Autumn Budget 2024 Rachel Reeves, our first female Chancellor of the Exchequer, set out arguably the biggest tax changes for a generation, set to raise taxes by £41bn by 2029/30 and said to be part of the Government’s plan to revitalise Britain. This article summarises the key reforms of the Budget, highlighting those which may be of particular relevance to financial remedy practitioners and their clients.
- Blog
!01/11/2024 14:58
Latest cases
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A v M (No 3) [2024] EWFC 29925 October 2024
Cohen J. Application by H to strike out W’s application to set aside a final order in financial remedies proceedings on the ground of H’s misrepresentation.
- Cases
- Disclosure
- Conduct
- Striking Out Applications
- Setting Aside Orders (Including Barder Applications)
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ED v OF [2024] EWFC 2979 September 2024
Cusworth J. Financial remedy proceedings relating to the valuation and division of a high-value music catalogue as a key matrimonial asset.
- Cases
- Matrimonial and Non-Matrimonial Property
- Companies
- Tax
- Valuations
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JL v NN [2024] EWHC 148925 April 2024
Williams J allowed W’s appeal on the basis that the judge failed to explicitly evaluate critical evidence and reach clear conclusions. Williams J confirmed that the civil standard of proof for fraud and dishonesty in the Financial Remedies Court is subject to the same balance of probabilities standard as any other factual issue, even if fraud issues should not be pleaded without an evidential basis.
- Cases
- Dishonesty
- Burden Of Proof
- Housing Need
- Fraud
- Appeals
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Abigail Laura Williams v Andrew John Williams [2024] EWFC 2756 August 2024
Final order of Moor J in financial remedy proceedings involving a husband who had continually breached court orders, failed to attend hearings, and provided unreliable and ‘demonstrably untrue’ evidence.
- Cases
- Non-Disclosure
- Adverse Inferences
- Freezing Injunctions
- Conduct
- Legal Services Payment Orders
- Disclosure from Third Parties
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Mainwaring v Bailey [2024] EWHC 2614 (Fam)16 October 2024
Henke J ordered the husband to pay the wife’s costs assessed on a standard basis following his ‘hopeless appeal’. In response to the husband’s plea that he should be treated as a litigant-in-person and he did not understand the Family Procedure Rules, Henke J was emphatic that litigants in person are expected to comply with the procedural rules as much as represented parties.
- Cases
- Costs
- Appeals
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