Blog
Resolution’s Report on Domestic Abuse in Financial Remedy Proceedings: An Overview of the Key Findings and Recommendations
This blog piece has been timed to coincide with the publication, on 8 October 2024, of the report by Resolution on ‘Domestic Abuse in Financial Remedy Proceedings’. This groundbreaking report delves into the interplay between domestic abuse and the treatment of finances on separation and divorce/dissolution, and how domestic abuse is addressed in other financial proceedings.
- Blog
- Domestic Abuse
!08/10/2024 12:45
Delaying a Divorce Because of Financial Prejudice: The New No-fault Law and Practice
There can be real loss and prejudice in some divorce cases if the final divorce order, previously the decree absolute, is granted before the final financial settlement and its implementation in circumstances when the paying party then dies.
- Blog
- divorce
!07/10/2024 22:10
Report of the Duxbury Working Party (provisional), September 2024
The Duxbury Working Party have just released their provisional report. It has been prepared without any prior public consultation and is published provisionally to allow interested parties to respond. Responses should be emailed to j.rainer@qeb.co.uk by 1 November 2024 and will be considered by the Working Party ahead of publication of their final report which is intended to be on 15 November 2024.
- Blog
- Duxbury Capitalisation
!02/10/2024 13:31
Till Debt Do Us Part: Bankruptcy and Financial Remedies
Financial remedies practitioners are well-accustomed to advising parties in straitened financial circumstances. Often the central question is how to stretch the available resources to ensure both parties have a roof over their heads. However, when one or both parties find themselves in serious financial difficulty, a less familiar issue may arise: the interplay between the Insolvency Act 1986 and the Matrimonial Causes Act 1973.
- Blog
- Bankruptcy
!01/10/2024 08:00
Who’s Courtney? And Is She Helpful?
On 10 September 2024, the first ever audio-visual legal library – demonstrating the key hearings and processes in English financial family law – arrived. Twenty years after YouTube landed, it is now possible to view the practical activity within an FDR, for example. Unlike the well-known digital libraries supplied by the international publishing giants, this library is available to all, not just those within/studying the law.
- Blog
- Tech Corner
!27/09/2024 08:00
Ma v Roux: Can You Strike Out a Set Aside Application?
It was settled in Wyatt v Vince [2015] UKSC 14 that the court cannot strike-out/give summary judgment on a legally recognisable application for a financial remedy order as an applicant is entitled to have such an application heard on its merits. But is that the end of the matter? In Ma v Roux [2024] EWHC 1917 (Fam) Francis J heard an appeal from HHJ Reardon.
- Blog
- Striking Out Applications
- Setting Aside Orders (Including Barder Applications)
!25/09/2024 17:32
Enhancing Public Understanding of Financial Remedies on Divorce
Why is it that lawyers think that the principles underpinning financial remedies are clear, and yet the public are often perplexed? The issue is one of communication, or rather translating the law into plain English.
- Blog
- Public Understanding
- Financial Remedies
- Client Communication
!20/09/2024 09:44
Are You Guilty of Money-Laundering? A Tale of Chinese Cotton, Lawyer’s Fees and Unintended Consequences
It is not often that a family law blog warns ordinary hard-working honest family lawyers that they might be unwitting criminals. This is that blog. You should read it.
- Blog
- Money Laundering
!17/09/2024 10:43
A v M (No. 2) – Construing a Court Order After the Unforeseen Occurs
How should provisions of a court order that are in dispute be construed?
- Blog
- Consent Orders
!12/09/2024 08:00
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
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