Blog
Dangers of Applying PSOs Determined Using pre-McCloud CEVs on ‘McCloud compliant’ CEVs
Those working in the Pensions on Divorce arena (whether PODEs, solicitors or scheme administrators) will by now be all too familiar with the McCloud ruling, and how much additional work this has caused for cases involving public sector pension schemes.
- Blog
- Pensions on Divorce
!21/11/2024 08:55
What Financial Remedy Lawyers Need to Know About Emojis ❓👨👩🤔🧐🌝
Emojis play a significant part in digital communications, including casual messaging, social media posts, and increasingly, professional communications. When we are reviewing historical messages, understanding what the emojis were intended to mean could become an essential part of identifying what was discussed and/or agreed at that time.
- Blog
- Interpretation
!15/11/2024 08:00
The End of the Non-Dom Tax Status: Time Now to End Family Law Domicile Jurisdiction
Domicile has been a fundamental basis of jurisdiction in English law including English family law. But it is intrinsically backward-looking, archaic in its concepts, thoroughly unknown or at best misunderstood by the population, differently defined abroad and at odds with many other countries including the EU. With the non-domicile tax status being abolished as announced in the budget in late October 2024, is it not time now to end domicile as a family law basis of jurisdiction? Nationality is a far more straightforward, certain and modern basis.
- Blog
- Jurisdiction
- Domicile
!11/11/2024 11:48
Wells Sharing: Commonplace or a Matter of Last Resort?
The importance of the ‘clean break’ has been reemphasised in recent years with greater emphasis being placed on MCA 1973 s 25A (and s 28(1A)), particularly in the judgments of Mostyn J.
- Blog
- Wells Sharing
- Clean Breaks and Term Maintenance
!08/11/2024 17:00
Open Offers: Achieving More or Seeking Less
The obligation on parties to negotiate openly and reasonably within financial remedy proceedings – and the consequences of not doing so – are well known. They were perhaps set out most clearly in OG v AG [2021] 1 FLR 1105 per Mostyn J.
- Blog
- Open Offers
- Negotiations
!04/11/2024 09:19
The Autumn 2024 Budget: A Summary of the Key Reforms for Financial Remedy Practitioners
In the Autumn Budget 2024 Rachel Reeves, our first female Chancellor of the Exchequer, set out arguably the biggest tax changes for a generation, set to raise taxes by £41bn by 2029/30 and said to be part of the Government’s plan to revitalise Britain. This article summarises the key reforms of the Budget, highlighting those which may be of particular relevance to financial remedy practitioners and their clients.
- Blog
!01/11/2024 14:58
No Special Favours: Litigants in Person and the Financial Remedies Court
Although not impacted in the same way as private law children proceedings by the restrictions on access to justice brought about the Legal Aid, Sentencing and Punishment of Offenders Act 2012, which came into force on 1 April 2013, there are many parties who represent themselves in financial remedy proceedings, sometimes due to cost and sometimes by choice.
- Blog
- Litigants in Person
!23/10/2024 10:35
GH v GH – FDRs Are Not to Be Dispensed With
If ever there were any doubts as to the importance of the FDR appointment and the parties’ attendance at one, then Mr Justice Peel has unequivocally put those doubts to rest in his judgment in GH v GH [2024] EWHC 2547 (Fam).
- Blog
- FDRs
!21/10/2024 22:38
A 40-Year Revolution in Financial Remedies
Mr Justice Moor considers the fundamental transformation of financial remedy work since he undertook his first ever case on 19 July 1983 in the Edmonton County Court, just over 41 years ago.
- Blog
- At A Glance
!16/10/2024 11:11
At A Glance Conference 2024: Conference Report
A report from the At A Glance Conference 2024, the flagship financial remedy conference which took place on Wednesday 9 October 2024, chaired by Peel J.
- Blog
- At A Glance
!16/10/2024 11:00
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