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AT v BT: The Return of Compensation
In AT v BT [2023] EWHC 3531 Francis J considered what he described (at [4]) as ‘the proper approach of the court to the sharing principle and to the principle of compensation’ given that ‘the husband maintains that this is a pure needs case and the wife asserts that this is a full sharing case’. This led H to offer a lump sum of £3.545m and W to seek a lump sum of £9.145m (with W to retain a property with an agreed value of £195,000 (£190,000 net of notional costs of sale)).
- Blog
- Compensation
- Assets
- Needs
!20/06/2024 19:41
Dame Jennifer Roberts: An Appreciation
On 13 June 2024 a packed Lady Chief Justice’s Court was the scene of affectionate tributes to Mrs Justice Roberts, known to all as Jenny, who died on 10 June 2024. The sadness evident on that occasion and in writing an obituary for Jenny is mingled with the pleasure of recalling such a fine and lovely person.
- Blog
- Journal
- Obituaries
!18/06/2024 13:42
A Brilliantly Logical Approach to Dealing with Pensions
In this judgment, His Honour Judge Hess sets an example of how, by following a logical thought process, seemingly complex pensions can be reduced to a very straightforward outcome.
- Blog
- Pensions on Divorce
!13/06/2024 21:02
Potential Curtailment of the English Court’s Powers Under Part III MFPA
The recent decision in TY v XA [2024] EWFC 96 has received attention as the first reported MFPA 1984 Part III leave/set aside case since the Supreme Court decision in Potanina v Potanin. What has perhaps gone under the radar is the suggestion made that the English family court may be prevented from making a maintenance order under Part III if there is a post-Brexit maintenance agreement or order from another 2007 Hague Convention signatory.
- Blog
- Part III
- Maintenance
!04/06/2024 10:32
‘Known Unknowns and Unknown Unknowns’ – Can a Change in the Law Be a Barder Event?
Can a change in domestic law, resulting from judicial tergiversation, ever satisfy the Barder test? The answer to this question depends, in part, on how widely or narrowly the Barder test is interpreted.
- Blog
- Barder Applications
- Setting Aside Orders (Including Barder Applications)
!04/06/2024 09:00
Revised Finance Pre-Action Protocol
On 29 April 2024 important changes were made to FPR Part 3 and Part 28 to promote non-court dispute resolution (NCDR). To support these changes the pre-action protocol (PAP) annexed to FPR PD 9A has also been updated.
- Blog
- NCDR
!30/05/2024 09:31
Updated Guide on Pensions on Divorce for LiPs Published by Law for Life
In collaboration with the Pension Advisory Group, and thanks to funding from the Nuffield Foundation, Law for Life has published an updated version of its Survival guide to sorting out pensions on divorce.
- Blog
- Pensions on Divorce
!28/05/2024 19:12
Standish – the Narrowing of ‘Matrimonialisation’
In L v L [2021] EWFC B83, HHJ Booth stated that he had been referred to the concept of ‘matrimonialisation’ but it was ‘a word that I hope will not acquire common usage’. Although not a word in the Oxford English Dictionary, HHJ Booth’s hope has not come to fruition.
- Blog
- Matrimonial and Non-Matrimonial Property
- Matrimonialisation
!28/05/2024 09:00
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
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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