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Resolution’s Report on Domestic Abuse in Financial Remedy Proceedings: An Overview of the Key Findings and Recommendations
This blog piece has been timed to coincide with the publication, on 8 October 2024, of the report by Resolution on ‘Domestic Abuse in Financial Remedy Proceedings’. This groundbreaking report delves into the interplay between domestic abuse and the treatment of finances on separation and divorce/dissolution, and how domestic abuse is addressed in other financial proceedings.
- Blog
- Domestic Abuse
!08/10/2024 12:45
Delaying a Divorce Because of Financial Prejudice: The New No-fault Law and Practice
There can be real loss and prejudice in some divorce cases if the final divorce order, previously the decree absolute, is granted before the final financial settlement and its implementation in circumstances when the paying party then dies.
- Blog
- divorce
!07/10/2024 22:10
Report of the Duxbury Working Party (provisional), September 2024
The Duxbury Working Party have just released their provisional report. It has been prepared without any prior public consultation and is published provisionally to allow interested parties to respond. Responses should be emailed to j.rainer@qeb.co.uk by 1 November 2024 and will be considered by the Working Party ahead of publication of their final report which is intended to be on 15 November 2024.
- Blog
- Duxbury Capitalisation
!02/10/2024 13:31
Till Debt Do Us Part: Bankruptcy and Financial Remedies
Financial remedies practitioners are well-accustomed to advising parties in straitened financial circumstances. Often the central question is how to stretch the available resources to ensure both parties have a roof over their heads. However, when one or both parties find themselves in serious financial difficulty, a less familiar issue may arise: the interplay between the Insolvency Act 1986 and the Matrimonial Causes Act 1973.
- Blog
- Bankruptcy
!01/10/2024 08:00
Who’s Courtney? And Is She Helpful?
On 10 September 2024, the first ever audio-visual legal library – demonstrating the key hearings and processes in English financial family law – arrived. Twenty years after YouTube landed, it is now possible to view the practical activity within an FDR, for example. Unlike the well-known digital libraries supplied by the international publishing giants, this library is available to all, not just those within/studying the law.
- Blog
- Tech Corner
!27/09/2024 08:00
Latest cases
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MR v EF [2024] EWFC 144 (B)20 June 2024
Recorder Rhys Taylor in financial remedy proceedings makes findings in favour of the wife as to the date of separation of the parties.
- Cases
- Matrimonial and Non-Matrimonial Property
- Duration of the Marriage
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IN v CH [2024] EWFC 2338 July 2024
Mr Stephen Trowell KC. The husband and wife made competing applications for an order for sale in respect of the matrimonial home and a yacht. The court found that the wife did not have a beneficial interest in the matrimonial home and ordered the property to be sold. The wife’s application to sell the yacht was unsuccessful as it belonged to a company, AB, who had not been joined to the proceedings.
- Cases
- Sale of Property
- Interim Relief
- Joinder of Third Parties
- Trusts
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N v J [2024] EWFC 18415 July 2024
Peel J’s view is that it is unlikely that domestic abuse would have a material impact on the vast majority of financial remedy cases, such that it would need to be litigated. Peel J uses the case of N v J to address the interplay between domestic abuse and conduct in the context of financial remedy proceedings.
- Cases
- Conduct
- Civil Partnerships
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GH v GH [2024] EWFC 272
Peel J. In a narrow but important judgment, Peel J reminds all of the importance of an FDR, allowing an appeal against a decision of the first instance judge to proceed directly to a final hearing.
- Cases
- FDRs
- Financial Remedies Court (FRC)
- Appeals
- Efficient Conduct
!06/10/2024 21:22
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Mainwaring v Bailey [2024] EWHC 2296 (Fam)28 August 2024
Henke J. The husband unsuccessfully appealed against an order leaving him with c.35% of the assets in a ‘small money’ case. Ms Justice Henke emphasised the breadth of the trial judge’s discretion and affirmed that fairness does not always mean equality.
- Cases
- Sharing Principle
- Housing Need
- Loans
- Appeals
- Debts
- Needs
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