Blog
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
NCDR Update – Are the Tides Turning for Failing to Mediate?
Looking back over the last 12 months, 29 April 2024 was an important day for financial remedy practitioners. This was the date the rules concerning NCDR changed. The changes make ignoring the NCDR options a costs hazard. It seemed inevitable that costs orders would follow.
- Blog
!20/05/2025 12:05
Legal Research, AI and the Canary in the Mineshaft
One of the sobering experiences of training to be a lawyer – the dawning realisation that it isn’t all dramatic cross-examination and fighting for the underdog – is legal research. Like learning a new language (let’s say, German), it’s a long and often tedious process. Some trainees, admittedly, seem to enjoy the tedium more than others. I was firmly in the ‘not enjoying this tedium’ camp.
- Blog
- AI
!09/05/2025 09:04
Judicial Immunity: an Update
A decision in Australia in August 2023 held that a family court judge at first instance had no judicial immunity when taking a decision outside his power and distinctive family court jurisdiction and was liable in damages to one of the parties. I wrote an extensive article and commentary for the Financial Remedy Journal. The case has now gone to appeal to Australia’s highest court, and it has been held that the previous decision was wrong and the judge and others acting on his orders do have immunity. This important decision may well be followed in other common law jurisdictions. This summarises the position.
- Blog
- Judicial Immunity
!06/05/2025 07:00
Standish – Reporting Remotely from the Front Line
On Wednesday 30 April 2025 I was sat at home in London, feeling somewhat retired but eager to know what the Supreme Court has to say about matrimonialisation of property and the sharing principle. So too were Mr and Mrs Standish.
- Blog
- Sharing Principle
- Gifts
!02/05/2025 11:11
Apportioning Pension Assets to the Marital Period in Divorce
Dividing pension assets is critical for a fair divorce settlement. This summary focuses on pension sharing, the legal splitting of pension rights between divorcing parties via a Pension Sharing Order, applicable in England and Wales.
- Blog
- Pensions
!01/05/2025 13:00
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