Cases: Ex Turpi Causa
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- 10 June 2025
- 16 October 2025
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Child Maintenance and Mortgage Payments – New Guidance: LM v SSWP & NM [2024] UKUT 259 (AAC)
What happens if the Child Maintenance Service has determined that a non-resident parent is required to pay child maintenance to the parent-with-care, but payments are also being made towards the mortgage secured on the property in which PWC still lives with the qualifying child/children? Does it matter if the property is jointly owned by NRP and PWC? Will those mortgage payments reduce the amount of child maintenance?
- Blog
- Mortgages
- Child Maintenance
!29/11/2024 06:00
Tech Corner: Miris Reporting – Innovative Technology to Help Solicitors Prepare, Verify and Negotiate Client Housing Needs
This article reviews how solicitors currently fulfil the filing requirements of the 2022 Statement on the Efficient Conduct of Financial Remedy Hearings in the Financial Remedies Court below High Court Judge Level (the Efficiency Statement).
- Journal
- Tech Corner
- Housing Need
- Efficient Conduct
- Borrowing Capacity Material
!21/05/2025 10:00
Cohabitation – The Case For and Against Reform
Divorce law, in principle at least, seems pretty sensible. You keep what you brought into the marriage and share what you gained. So why shouldn’t the same or similar rights and responsibilities apply to cohabiting couples who have shared a life together?
- Journal
- Cohabitation
!13/03/2024 07:00
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
They Think It’s All Over… It Is Not! Express Declarations, Subsequent Agreements and the Decision in Re Cynberg
In Stack v Dowden [2007] UKHL 17, at [49], Baroness Hale said that ‘[n]o-one now doubts that … an express declaration [of trust] is conclusive unless varied by subsequent agreement or affected by proprietary estoppel’. In Re Cynberg [2024] EWHC 2164 (Ch), James Pickering KC dismissed the appeal of two trustees in bankruptcy.
- Blog
- Stack
- Declarations of Trust
- Estoppel
- Trusts
!09/09/2024 14:54
