Blog
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There Are Two “Keeping It Out of Court” Consultations That Need Your Urgent Attention
I’m Jo O’Sullivan and as a non-court family law practitioner, I declare an interest. Last year I published a book called (Almost) Anything But Family Court (edited by Only Mums&Dads). This is the mantra that dominates my view of this area of l…
- Blog
- Mediation
- Alternative Dispute Resolution
!12/04/2023 21:43
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Déjà Vu with Public Sector Pension CEVs Being Suspended – Again
At the risk of sounding like Brenda from Bristol, when informed Theresa May had called a General Election, and saying, “You’re joking. Not another one,” it was only a matter of time. Those of you who have been dealing with finances on di…
- Blog
- Pensions on Divorce
!11/04/2023 11:27
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Time to have your say!
The early resolution of private family law arrangements consultation is currently open for comments until 25 May 2023. It is an important opportunity to respond to possible rule changes to aid promotion of early and out of court resolution in money and private law children cases.
- Blog
- Blog
- MIAMs
- Out of Court Dispute Resolution Options
- Family Procedure Rules
!05/04/2023 09:20
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ADR and costs penalties in financial remedies cases
Historically inter partes costs orders in financial remedies proceedings have been as common as hens’ teeth, for the very simple reason that the current costs rules largely preclude them being made. Thus FPR 28.3 provides so far as is material:&lsqu…
- Blog
- Costs
- Alternative Dispute Resolution
!29/03/2023 14:58
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Budget Implications for Financial Remedies
It was a relatively quiet budget yesterday in terms of the changes that will impact financial remedy proceedings. The main headlines are the pension changes and the confirmation that the new CGT rules for divorcing couples, which look set to come in from…
- Blog
!16/03/2023 16:35
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Case Management Tables: Aide Memoire
Below are two case management tables which set out the procedure for use in all financial remedy applications below High Court level. They have been kindly prepared by Nicholas Allen KC and Daniel Mutton at 29 Bedford Row. Both tables seek to provide a co…
- Blog
- Case Management
!11/03/2023 13:58
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Building a Movement for Cohabitation Reform in England and Wales
Calls to reform the legal regulation of unmarried cohabitants are not new. In August 2022, the Women and Equalities Committee proposed comprehensive reform, including opt-out protections on relationship breakdown, as well as reform of intestacy law. All t…
- Blog
- Cohabitation
!03/03/2023 13:05
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Economic Abuse as ‘Conduct’
The Domestic Abuse Act 2021 (‘DAA 2021’) which came into force on 1 October 2021 created statutory definitions of specific forms of abusive behaviour. ‘Economic abuse’ is defined in s 1(4) as ‘any behaviour that has a substantial adverse effect on B’…
- Blog
- Economic Abuse
- Conduct
!24/02/2023 18:50
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Cryptocurrency and Taxation
This blog post aims to highlight some of the tax considerations in ‘crypto cases’. It hopes to act as a complementary piece to the earlier article by Ben Fearnley, 'Cryptoassets – Still an Enigma'.
- Blog
- Crypto
!21/02/2023 13:44
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The Compensation Principle and Remuneration for Career ‘Sacrifice’ – TM v KM [2022] EWFC 155
The compensation principle made a surprising reappearance in the case of TM v KM [2022] EWFC 155, where HHJ Hess made an order for the wife to receive £500,000 by way of compensation for the 'relationship-generated sacrifice' that she made in giving up her lucrative career in investment banking.
- Blog
- Compensation Principle
!10/02/2023 23:20