Avoiding the Bear Traps of Arbitration – Some Tips from the Coalface

Arbitration is the form of ADR on everyone’s lips – even more so now with the new NCDR provisions that have come into force. Slow to get going, after its launch in 2012, and after Haley v Haley ironed out people’s concerns about routes to appeal, arbitration is sometimes hailed as being the silver bullet solution – a client-pleasing way to avoid the challenges that come with the court service.

• Blog

• arbitration
• NCDR

• Jo Carr-West
• Eri Horrocks

!02/12/2024 11:04

Child Maintenance and Mortgage Payments – New Guidance: LM v SSWP & NM [2024] UKUT 259 (AAC)

What happens if the Child Maintenance Service has determined that a non-resident parent is required to pay child maintenance to the parent-with-care, but payments are also being made towards the mortgage secured on the property in which PWC still lives with the qualifying child/children? Does it matter if the property is jointly owned by NRP and PWC? Will those mortgage payments reduce the amount of child maintenance?

• Blog

• Mortgages
• Child Maintenance

• Gwynfor Evans

!29/11/2024 06:00

Arbitrating Costs Provision Applications

There have been few seismic changes in family law that reshaped everything. Much as we would love suddenly to have a new landscape for our professional work, most of us can only hope to find small solutions that work for some small corner of one field. However, bit by bit this may all contribute to an evolving and improving climate in which families change and start their new chapters. Here we hope is one more such.

• Blog

• arbitration
• Costs

• Amy Scollan
• Mariko Wilson
• James Pirrie

!05/12/2024 08:00

HW v WB (Financial Remedies; Treatment of Post-nuptial Agreement) [2024] EWFC 328 (B)5 July 2024

DJ Phillips. Final hearing where the issues concerned whether a post-nuptial agreement was binding on the parties and fair. The parties were married for 9 years and had one child, 10, and, W’s older child, 19, who was treated as a child of the family, having been 6 years when the parties met. Four days after the marriage, the parties signed a PNA.

• Cases

• Housing Need
• Spousal Maintenance (Quantum)
• Agreements
• Child Maintenance
• Needs

• Stephanie Coker

EC v JC [2024] EWFC 175 (B)13 June 2024

DJ Hatvany. Final financial remedies hearing in a where the assets were modest. The parties were married for 11 years and had twin boys aged 9. An unfortunate feature of this case was that both parties had incurred large costs, which would make clearing their debt on both sides and enabling both parties to rehouse in a three-to-four-bedroom properties close to the boy’s school problematic.

• Cases

• Housing Need
• Spousal Maintenance (Quantum)
• Litigation Funding
• Costs
• Debts
• Modest Asset Cases
• Needs

• Stephanie Coker