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Latest blog posts
OS v DT and Post-Separation Income: Fairness Trumps Inflexibility
In a previous post Nicholas Allen KC considered the potential impact of Waggott v Waggott [2018] 2 FLR 406 on the argument that income (or the assets or capital generated therefrom) earned in or referable to the first 12 months post-separation should be classed as matrimonial property to which the sharing principle applies. This issue has now been revisited in OS v DT [2025] EWFC 156 (B) per HHJ Hess.
- Blog
- Post-Separation Accrual
!08/07/2025 07:00
A Priceless Inheritance: Family Law, Open Justice and the Rule of Law
Sir Nicholas Mostyn presented on this topic at the Bar Council’s law reform lecture 2025, on 2 July 2025. This monograph is the property of Sir Nicholas Mostyn.
- Blog
!03/07/2025 06:00
Non Court Dispute Resolution – What Difference Does a Year (and a Bit) Make?18 June 2025
Important revisions to both FPR Part 3 and Part 28 came into effect on 29 April 2024 when the material parts of the Family Procedure (Amendment No. 2) Rules 2023 came into force.
- Blog
- NCDR
Financial Remedy Reform – ‘Fairness’ – Do Divorcing Parties Get Any Say – Time for Some Soul Searching for Family Law Professionals
Ashley Murray considers the Law Commission’s 373-page scoping report on Financial Remedies on Divorce and Dissolution, which was published just before Christmas 2024.
- Blog
- Private FDR
!30/06/2025 06:58
Reflecting Domestic Abuse in Financial Proceedings: a Comparative Analysis of English and Australian Approaches Since the Family Law Amendment (No 2) Act 2024
A significant shift in the treatment of domestic abuse within financial remedy proceedings will shortly take effect in Australia. Following Royal Assent on 10 December 2024, the Family Law Amendment (No 2) Act 2024 will introduce reforms that require courts to account for the impact of family violence on property and spousal maintenance outcomes. The property reform schedule within the legislation will apply to proceedings filed on or after 11 June 2025.
- Blog
- Domestic Abuse
- International Comparison
!16/06/2025 08:30
Latest cases
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JQ v IQ [2025] EWFC 192 (B)23 June 2025
HHJ Vincent. A Pakistani divorce was deemed to be valid in the UK on public policy grounds and permission was granted for the wife to bring financial remedies proceedings in this jurisdiction.This hearing concerned the wife’s application under s 13…
- Cases
- Jurisdiction
- Divorce Orders
- Overseas Divorce and the 1984 Act
- International Enforcement
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Dervis v Deniz [2025] EWHC 90211 April 2025
Edwin Johnson J. TLATA judgment setting out the circumstances in which a new claim can be pursued on appeal, the law regarding the ‘release’ of one’s beneficial interest in property to another joint tenant, and the differences between re…
- Cases
- TLATA Claims
- Property
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Standish v Standish [2025] UKSC 262 July 2025
Lord Burrows and Lord Stephens (with whom Lord Reed, Lord Lloyd-Jones and Lady Simler agree). The Supreme Court unanimously dismissed W’s appeal, upheld the Court of Appeal’s decision, and clarified application of the sharing principle and matrimonialisation.
- Cases
- Sharing Principle
- Matrimonial and Non-Matrimonial Property
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JP v Secretary of State for Work and Pensions and LH [2025] UKUT 1627 March 2025
Upper Tribunal Judge Citron. Application for a variation to a child support maintenance calculation under regs 69 or 69A of the Child Support Maintenance Calculation Regulations 2012. Interpretation of s 8(6) CSA 1991. Error of law immaterial when liability exceeds statutory cap anyway.
- Cases
- Child Maintenance
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M v B [2025] EWFC 18225 June 2025
Sir Jonathan Cohen (sitting as a judge of the High Court). Financial remedy proceedings considering the court’s power to strike out applications under FPR 4.4, having regard to the effect of FPR 9.9A.
- Cases
- 'Thwaite Jurisdiction'
- Executory Orders
- Striking Out Applications