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Stamp Duty Land Tax and Divorce
This is sometimes the forgotten tax on divorce. Maybe this is fair enough as there is a pretty clear exemption in tax law that states that stamp duty land tax (SDLT) will not apply to transfers pursuant to divorce.
- Blog
- Stamp Duty
- Tax
- Land
!10/02/2025 23:53
What to Do Where One Spouse Will Not Co-operate with a Court-Ordered Sale?
The recently reported case of WZ v HZ [2024] EWFC 407 (B) (1 May 2024) provides guidance on how to manage the common occurrence of one spouse holding out in the family home despite an order for sale.
- Blog
- Sale of Property
!06/02/2025 08:00
Post-Separation Income: Has Rossi Survived Waggott and Standish?
In Rossi v Rossi [2007] 1 FLR 790 Nicholas Mostyn QC adopted a formulaic approach in relation to ‘a post-separation bonus or other earned income’. He stated that ‘[a]lthough there is an element of arbitrariness’ he would not allow a post-separation bonus to be classed as non-matrimonial ‘unless it related to a period which commenced at least 12 months after the separation’.
- Blog
- Post-Separation Accrual
!05/02/2025 11:51
ST v AR [2025] EWFC 4
The Husband is 70. The Wife is 51. They have a 9-year-old daughter. They cohabited from February 2003 and in early 2012 separated due to the wife’s affair. In August 2012 – c.9 months later – they reunited. They married on 8 October 2012. The wife applied for divorce in May 2023. They therefore had nearly 20 years together, albeit not seamless cohabitation.
- Blog
- Matrimonial and Non-Matrimonial Property
- Matrimonialisation
- Needs
!29/01/2025 09:27
Of Dogs and Divorce
Of dogs and divorce: why treating pets as chattels is an anachronism.
- Blog
- divorce
!28/01/2025 10:02
James Turner KC (1952–2025): An Obituary
James Turner KC, who has died aged 72, was a titan of the bar. In an increasingly specialised legal world, he had a uniquely broad practice for a family barrister: financial remedies, child abduction, divorce, crime, judicial review, medical disciplinary work and administrative law.
- Blog
- Journal
- Obituaries
!24/01/2025 10:42
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
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