Latest issue
Latest blog posts
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
Remediable Service Statements – What to Expect for ‘Immediate Choice’ Members
All of the public sector pension schemes are now further along the process of allowing for the McCloud judgment (public sector pensions remedy) for affected members (typically those with some pensionable service in the remedy period from 1 April 2015 to 31 March 2022). Some of the public sector pension schemes have now commenced issuing Remediable Service Statements to affected members.
- Blog
- Pensions
!12/06/2025 09:00
How Cohabitation Reform Could Reduce Pressure on Public Finances
Following the UK general election in 2024, the Government has gone on record various times since to confirm that a public consultation will be issued later this year to strengthen the rights and protections available to women in cohabiting couples. In this article, Graeme Fraser sets out why legislating for and implementing reform should be a no brainer in terms of the money it could save for the UK economy.
- Blog
- Cohabitation
!30/05/2025 08:00
Prenups Aren’t ‘Sign and Done’: Why Reviews Matter Just as Much as the Ring
Elizabeth Bowden is a big fan of prenuptial/pre-civil partnership agreements (‘prenups’) because, at the very least, both parties are forced to have really open and transparent conversations about money, finances, goals and aspirations. Anyone looking to make marriage/civil partnership vows should do this before they sign on the dotted line.
- Blog
- Pre-Nuptial Agreements
!28/05/2025 14:00
Sham, Adverse Inferences and the Burden of Proof: Awolowo [2025] EWCA Civ 641
It’s often the financial remedy cases involving non-family barristers or judges which are the most interesting. There’s something about an outsider’s perspective which can illuminate legal principle and remind us that, per Mostyn J, ‘the Family Courts are not a desert island’.
- Blog
- Burden Of Proof
- Adverse Inferences
- Sham
!21/05/2025 14:00
Latest cases
-
Tickle v The Father & Ors [2025] EWFC 1609 June 2025
Henke J. Procedural judgment in children proceedings reaffirming legal protections for journalistic sources and highlighting the limits of transparency in the family courts.
- Cases
- Transparency
- Publicity and Confidentiality
-
GR v AR [2025] EWFC 143 (B)10 March 2025
HHJ Hess (sitting as a deputy High Court judge). Application of the sharing principle and dispute over matrimonial vs non matrimonial property in HNW financial remedy case.
- Cases
- Sharing Principle
- Matrimonial and Non-Matrimonial Property
- Shares
- High Net Worth
- Family Home
-
THR v WAT [2025] EWHC 1125 (Fam)17 March 2025
HHJ Hess navigated his way through an Xydhias puzzle. Parties informed the judge they were Xydhias-bound but then argued over (i) a £2m asset, (ii) costs, (iii) an interest provision, and (iv) security. The court’s conclusions, in a nutshell, were that if it had not been raised at the time or in the written agreement, then the court would favour the written agreement.
- Cases
- Agreements
- Child Periodical Payments
- Child Maintenance
- Xydhias
-
CA v UK [2025] EWFC 117 (B)10 January 2025
HHJ Watkins. A substantive application by the father for a child maintenance order under Schedule 1 of the Children Act 1989 (‘Schedule 1’); [12]. Within the application, the main issue concerned the most suitable jurisdiction for child maintenance dispute resolution. There were two jurisdictions involved in the forum conveniens dispute namely England and Wales and California.
- Cases
- Forum Conveniens
- Jurisdiction
- Child Maintenance
- Variation
- Children Act 1989 Schedule 1 Applications
- Forum Disputes
- Enforcement
-
AB v CD & Ors [2025] EWFC 95813 February 2025
HHJ Richard Williams. Judgment following a trial of a preliminary issue in financial remedy proceedings to determine (a) if a transfer of shares was made with the intention to defeat a claim for financial relief and should therefore be set aside and (b) if a loan had been made and, if so, if it had since been waived.
- Cases
- Loans
- Valuations
- Trusts
©2024 Class Legal classlegal.com
