Blog
Ma v Roux: Yes, You Can Strike Out a Set Aside Application
This is a response to the FRJ blog post by Nicholas Allen KC and Philip Tait, ‘Ma v Roux: Can You Strike Out a Set Aside Application?’ (25 September 2024), which posed the question as to whether the court is empowered to strike out an application to set aside a financial remedy order. In that article the authors carefully set out the background to this issue.
- Blog
- Striking Out Applications
- Setting Aside Orders (Including Barder Applications)
!08/01/2025 13:21
The Lord Chancellor v 79 Divorced Couples: A Pirate’s Tale
At the end of term, the High Court handed down judgment in a challenging case, whose solution lay in the application of a much-forgotten 53-year-old judgment of the ‘pirate-like’ Sir Jocelyn Simon P to seemingly irresolvable issues caused by errors in the digitalisation of the divorce process.
- Blog
- divorce
!06/01/2025 11:03
The Duty of Disclosure: as Important Now as Ever
The duty of disclosure and its proactive nature runs through financial remedy proceedings like letters through a stick of seaside rock. It appears on the face of the Form E. It has been set out in numerous cases.
- Blog
- Disclosure
!19/12/2024 11:39
The Year in Review
As 2024 comes to an end the “Year in Review” brings all the FRJ blogs from the year together in one place for a ‘real time’ review of what was important, when, and why over the last 12 months.
- Blog
!17/12/2024 09:30
A Divorced Christmas Carol: A Story of Reflection and Change
A reworking of a well-known classic. Carol’s marriage was dead. You will therefore permit me to repeat, emphatically, that Carol’s marriage was as dead as a door-nail. Carol lay awake in bed alone on a chilly December night, staring up at the dark ceiling, feeling the weight of the divorce upon her.
- Blog
- divorce
!06/12/2024 14:31
Arbitrating Costs Provision Applications
There have been few seismic changes in family law that reshaped everything. Much as we would love suddenly to have a new landscape for our professional work, most of us can only hope to find small solutions that work for some small corner of one field. However, bit by bit this may all contribute to an evolving and improving climate in which families change and start their new chapters. Here we hope is one more such.
- Blog
- arbitration
- Costs
!05/12/2024 08:00
Avoiding the Bear Traps of Arbitration – Some Tips from the Coalface
Arbitration is the form of ADR on everyone’s lips – even more so now with the new NCDR provisions that have come into force. Slow to get going, after its launch in 2012, and after Haley v Haley ironed out people’s concerns about routes to appeal, arbitration is sometimes hailed as being the silver bullet solution – a client-pleasing way to avoid the challenges that come with the court service.
- Blog
- arbitration
- NCDR
!02/12/2024 11:04
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
Report of the Duxbury Working Party (final), November 2024
A provisional version of this report was published on 2 October 2024 and invited representations for consideration by the Working Party ahead of publication of this final report. Such representations as were received are summarised in Appendix 6, and in a few instances in alterations to the text of the report. The main recommendations of the Working Party have not changed following consideration of those representations. The figures in the illustrative tables in Appendix 5 have been revised to reflect increases in the rate of Capital Gains Tax announced and implemented in the October 2024 budget.
- Blog
- Journal
- Duxbury Capitalisation
!25/11/2024 16:07
Dangers of Applying PSOs Determined Using pre-McCloud CEVs on ‘McCloud compliant’ CEVs
Those working in the Pensions on Divorce arena (whether PODEs, solicitors or scheme administrators) will by now be all too familiar with the McCloud ruling, and how much additional work this has caused for cases involving public sector pension schemes.
- Blog
- Pensions on Divorce
!21/11/2024 08:55
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