Blog
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Xanthopoulos v Rakshina: LSPOs – Twelfth Time a Charm?
Where one party asserts that the court has no jurisdiction to bring a particular application, a court can make an order for interim maintenance and/or a costs allowance (whether under statute or common law). The same principles apply where the claim for substantive relief appears doubtful.
- Blog
!27/11/2023 13:59
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Cohabitation and Labour's Commitment to Changing the Law: What Reform Might Look Like
This post reflects on what reform of the law on cohabitation might look like. Drawing upon insights from comparative family law, it explores and contrasts two different models of cohabitation reform and will highlight how they have been received in practice.
- Blog
- Cohabitation
!23/11/2023 07:00
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Where Property, Insolvency and Estate Administration Law Collide
A hearing last week raised some interesting and unusual points of property, insolvency and estate administration law. Since it is unlikely to be reported, being an extempore judgment from a Deputy Master, it is shared here.
- Blog
!07/11/2023 12:05
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When Are Pensions Too Small to Worry About?
Jacqueline Butler v Earl Butler [2023] EWHC 2453 (Fam) was an interesting case that ended up in front of Mr Justice Moor on appeal following the order of Recorder Anderson.
- Blog
- Pensions on Divorce
!03/11/2023 12:44
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Important Part III Case in Supreme Court
The appeal in Potanin and Potanina will consider in what circumstances it is appropriate for the English family court to allow a former spouse to make an application for financial provision in England after a foreign divorce pursuant to Part III of the Matrimonial and Family Proceedings Act 1984.
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- Overseas Divorce and the 1984 Act
!31/10/2023 11:15
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Graeme Fraser’s A–Z of Cohabitation
Graeme Fraser needs no introduction in the cohabitation world. This is his A–Z of Cohabitation.
- Blog
- Cohabitation
!27/10/2023 10:15
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Final Hearings: a User’s Guide
This article is intended as aide memoire of the various procedural, professional and legal rules that should be borne in mind at a final hearing. It is not intended as a counsel of perfection, but rather a reminder of certain things which we do not encounter on a weekly basis.
- Blog
- Family Procedure Rules
!26/10/2023 07:00
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London – ‘Divorce Capital of the World’?
A speech placing a spotlight on the legislation which currently governs post-divorce financial awards in England and Wales, the Matrimonial Causes Act 1973, which marks its milestone 50th birthday this year.
- Blog
- divorce
!25/10/2023 09:43
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Is It Time to Consign the ‘Gasp’ Factor to the History Books?
In the private law arena, the Family Court has taken huge strides forward in its understanding and approach to coercive control, following the landmark case of Re H-N and Others (Children) (Domestic Abuse: Finding of Fact Hearings) [2021] EWCA Civ 448. We know now that domestic abuse and coercive control is linked with poorer financial outcomes for victim-survivors and their children, and that the harm victim-survivors experience is caused by coercion and control – not only by the severity of the injury from a specific incident.
- Blog
- Domestic Abuse
- Coercive Control
!18/10/2023 14:23
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The Valediction of Sir Nicholas Mostyn: The Abdication of the Monarch of the Mountainous Principality of Court 50
On 4 October 2023 in his court, Court 50 of the Royal Court of Justice, surrounded by family, friends, colleagues (and the Lord and Lady Justices from the ‘dark side’) the financial remedy world said farewell to Sir Nicholas Mostyn, and he to us.
- Blog
- Mostyn
!16/10/2023 09:53