Blog
Hasan, Statutory Construction, and the Barder Conundrum
By now there will be plenty of material online summarising the decision in Hasan and proffering some commentary. I appeared as junior counsel for the Respondents in the appeal (led by Andrzej Bojarski and Tim Amos KC, instructed by Expatriate Law). The Ap…
- Blog
- Overseas Divorce and the 1984 Act
- Maintenance as a Cause of Action
!01/07/2023 14:21
The Death of a Financial Remedy Claim: the Supreme Court Decision
The Supreme Court handed down judgment in Unger and another (in substitution for Hasan) v Ul-Hasan (deceased and another) [2023] UKSC 22.
- Blog
- Overseas Divorce and the 1984 Act
- Maintenance as a Cause of Action
!28/06/2023 10:01
ADR and Private Family Law Arrangements
In March 2023 two significant consultations were published on the subject of using Alternative Dispute Resolution (ADR) to resolve private family law arrangements. The more substantial consultation published by the Ministry of Justice is entitled Supporti…
- Blog
- MIAMs
- Alternative Dispute Resolution
!19/06/2023 15:48
Cryptoasset Fraud and Recovery - Disclosure and Constructive Trusteeship Through Knowledge / Assistance: The (Financial) Empire Strikes Back
Since HHJ Pelling KC was persuaded to make, amongst other orders, without notice Bankers Trust Orders against two Binance entities in 2021 requiring them to disclose their Know Your Customer details of those alleged to have committed a fraud against the Claimant, there have been many subsequent applications for similar orders against cryptoasset exchanges brought by those who have suffered fraudulent deprivation of their assets.
- Blog
- Crypto
!31/05/2023 10:57
James v Seymour: The Calculator
As helpfully summarised by Calum Smith on the FRJ website Mostyn J’s judgment in James v Seymour [2023] EWHC 844 (Fam) 675 included a renewed attempt to tackle how Child Maintenance should be calculated, effectively refining the methodology first se…
- Blog
- Child Maintenance
!29/05/2023 08:00
Pensions on Divorce – Standard Family Order Template
This article relates to the publication of the new pension sharing order (PSO) template at paragraph number 95 in the Standard Family Orders suite.
- Blog
- Pensions on Divorce
!17/05/2023 16:22
How Private FDRs Can Be Improved
As family lawyers, we are good at some things; less so at others. Our strong suit is thinking creatively and holistically in finding a solution to any given case. We are comfortable with the concept of discretion; or at least we become so after a few years' experience of how the courts actually deal with financial remedy claims.
- Blog
- Private FDR
!12/05/2023 22:44
Child Maintenance Top-Ups – an Update Following James v Seymour [2023] EWHC 844 (Fam)
The quantum of child maintenance is an area of considerable contention, particularly in the context that there are now around 629,000 taxpayers earning more than £150,000. This is a 2.3 times increase since the statutory ceiling was introduced some 10 years ago.
- Blog
- Child Maintenance
- Top-Ups
!06/05/2023 15:27
Do Not Sign It Unless You Intend to Be Bound By Its Terms
This is often the wording we see on the front of all well drafted pre-nuptial agreements. So why do clients sign them if they intend to try wriggle out of them at the time of a divorce?
- Blog
- Pre-Nuptial Agreements
!20/04/2023 22:43
The Trusty Trio – the Dictionaries
It doesn’t quite have the same ring to it as when ‘2 becomes 1’ (sorry, I couldn’t resist a trip down memory lane to my Spice Girl days), but the day has arrived: when two becomes three. The dictionary family has gained a third mus…
- Blog
- Book Review
!13/04/2023 20:47
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