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.
- Private FDR
Child Maintenance Top-Ups – an Update Following James v Seymour  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.
- Child Maintenance
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?
- Pre-Nuptial Agreements
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…
- Book Review
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…
- Alternative Dispute Resolution
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…
- Pensions on Divorce
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.
- Out of Court Dispute Resolution Options
- Family Procedure Rules
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…
- Alternative Dispute Resolution
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…
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…
- Case Management