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Latest blog posts
ADR and costs penalties in financial remedies cases
Historically inter partes costs orders in financial remedies proceedings have been as common as hens’ teeth, for the very simple reason that the current costs rules largely preclude them being made. Thus FPR 28.3 provides so far as is material:&lsqu…
- Blog
- Costs
- Alternative Dispute Resolution
!29/03/2023 14:58
Budget Implications for Financial Remedies
It was a relatively quiet budget yesterday in terms of the changes that will impact financial remedy proceedings. The main headlines are the pension changes and the confirmation that the new CGT rules for divorcing couples, which look set to come in from…
- Blog
!16/03/2023 16:35
Case Management Tables: Aide Memoire
Below are two case management tables which set out the procedure for use in all financial remedy applications below High Court level. They have been kindly prepared by Nicholas Allen KC and Daniel Mutton at 29 Bedford Row. Both tables seek to provide a co…
- Blog
- Case Management
!11/03/2023 13:58
Building a Movement for Cohabitation Reform in England and Wales
Calls to reform the legal regulation of unmarried cohabitants are not new. In August 2022, the Women and Equalities Committee proposed comprehensive reform, including opt-out protections on relationship breakdown, as well as reform of intestacy law. All t…
- Blog
- Cohabitation
!03/03/2023 13:05
Economic Abuse as ‘Conduct’
The Domestic Abuse Act 2021 (‘DAA 2021’) which came into force on 1 October 2021 created statutory definitions of specific forms of abusive behaviour. ‘Economic abuse’ is defined in s 1(4) as ‘any behaviour that has a substantial adverse effect on B’…
- Blog
- Economic Abuse
- Conduct
!24/02/2023 18:50
Latest cases
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Re P (Service on Parent in a Refuge) [2023] EWHC 471
McFarlane P. Guidance from President of Family Division on service of legal documents on a person thought to be living in a refuge. FPR 2010 does not address this. In this case, W was in a refuge and location and disclosure orders had been made against a…
- Cases
- Refuge
- Service
!20/03/2023 11:48
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SS v RS [2023] EWFC 32 (Fam)
Sir Jonathan Cohen. Application by H, inter alia, for compensation relating to delay in W complying with an undertaking to use her best endeavours to procure the release of H from the mortgage on the family home following a financial remedy order in 2019.…
- Cases
- Costs
- Domestic Abuse
- Compensation Principle
- Striking Out Applications
- Undertakings
!16/03/2023 09:00
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MN v AN [2023] EWHC 613 (Fam)
Moor J. H’s application that W show cause why she should not be held to the terms of a 2005 (pre-Radmacher) prenuptial agreement. H’s premarital assets £32.5 million and W’s £62,000. Negotiations through leading solicitors resu…
- Cases
- Agreements
- Conduct
!10/03/2023 09:00
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Teasdale v Carter and Teasdale [2023] EWHC 490 (Fam)
Moor J. Appeal in farming estoppel case with astronomical costs far exceeding the value of the property in question.The first respondent, Ms Carter, was the elder daughter of the appellant mother and second respondent father. During the parents’ fin…
- Cases
- TOLATA
- Joinder of Third Parties
- Costs
!07/03/2023 09:00
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KM v CV [2022] EWFC 174
HHJ Robinson. Case concerning pensions where neither party had any capital. FMH had been sold with £10,000 left after payment of mortgage and costs.Case concerned treatment of W’s two police pensions. Pension expert, Mr Nobbs, concluded equalis…
- Cases
- Benefits
- Needs
- Pensions on Divorce
!01/03/2023 09:00
