Blog
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Standish Primer in Advance of Court of Appeal Judgment
Short primer ahead of the hotly anticipated judgment in the case of Standish which is due to be handed down by the Court of Appeal tomorrow. Watch this space for a case summary and blog post once the judgment has been reported.
- Blog
- Matrimonial and Non-Matrimonial Property
!22/05/2024 14:05
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Separation Agreements: Mostyn J’s Final Revolution?
Despite Mostyn J’s comment in one of his final cases, Baker v Baker [2023] EWFC 136, that it posed ‘no real issues of law’, his judgment arguably sought to revolutionise the law on separation agreements.
- Blog
- Separation Agreement
!20/05/2024 10:24
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Thoughts on Applications to Withdraw Financial Remedy Proceedings
While unusual, it is possible and occasionally necessary for an applicant in financial remedy proceedings to withdraw their application, and all other related applications. The problem that arises commonly in this unusual situation is ‘what happens next?’
- Blog
- Withdrawing Applications
- Discontinuance
- Costs
!14/05/2024 10:19
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Limited Assets in Difficult Times
You will often hear lawyers and judges commenting on how difficult it is to resolve financial remedy applications where there isn’t a lot of money. Trying to make two homes out of one is sometimes impossible. There are some important things to consider when you are looking at cases with limited assets and some pitfalls to avoid. This is a whistle-stop tour of some of those legal and practical issues.
- Blog
- Assets
!10/05/2024 10:53
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The A to Z of Financial Remedies Abbreviations
Family law and particularly financial remedy cases involve a wealth of acronyms, initialisms and abbreviations. This can be daunting particularly for trainees, junior practitioners and clients alike when they are beginning to navigate this process. The glossary below sets out some of the most common terms used by solicitors, barristers, judges and the court and is intended to function as a user-friendly aide-memoire to some of the more common expressions to be found in this area of law.
- Blog
- Financial Remedies
!09/05/2024 15:31
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The Having of Children ‘Changes Everything’ – But in What Way?
How (if at all) should future non-financial contributions yet to be made by one of the parties to a marriage or civil partnership be taken into account when calculating the quantum of periodical payments?
- Blog
- Periodical Payments
- Needs
!07/05/2024 12:35
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What’s the Point of a Judgment? Examples, Authorities and the Panopticon
What is the point of a court judgment, and to whom is it actually directed? In the past, there were three main reasons for a judgment: the first two concern the parties and (depending on your views about transparency) could be dealt with privately; the third, when it arose, required publication of the judgment. Now there is a fourth reason: transparency.
- Blog
- Transparency
!02/05/2024 15:48
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D(R) Day: Today’s Changes to FPR Parts 3 and 28
FPR Part 3 has historically been underused. This may change as important revisions to both FPR Part 3 and Part 28 come into effect, on 29 April 2024, when the material parts of the Family Procedure (Amendment No 2) Rules 2023 (SI 2023/1324) come into force.
- Blog
- Family Procedure Rules
- NCDR
!29/04/2024 07:00
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Hadkinson Orders: the Need to Show Restraint
This article addresses ‘Hadkinson’ orders, in light of several recent cases handed down over a short period of time, highlighting the potential limitations as to their availability.
- Blog
- Hadkinson Orders
!17/04/2024 10:22
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Conduct and Its Consequences: Goddard-Watts and TK v LK
In ‘Is It Time to Consign the “Gasp” Factor to the History Books?’, Olivia Piercy and Anita Mehta considered whether three decisions might herald a significant change in the courts’ approach to domestic abuse, including economic abuse and coercive and controlling behaviour, as ‘conduct’ that it would be ‘inequitable to disregard’. If there is a nascent consensus that it is time for a change in approach, that view may not be universally held.
- Blog
- Conduct
!15/04/2024 21:08