ST v AR: The Origin of Assets and the Assessment of Needs

As Mostyn J observed in Clarke v Clarke [2023] 2 FLR 1 at [36], Peel J’s oft-quoted summary of the law in WC v HC (Financial Remedies Agreements) (Rev 1) [2022] 2 FLR 1110 at [21] is an ‘impeccable synopsis of the jurisprudence applicable in financial remedy cases [which] has become justly famous’. Somewhat more colloquially, Peel J has himself said (with a smile) that he has heard his summary described as ‘the Noddy Guide’ to financial remedies.

• Blog

• Assets
• Needs

• Nicholas Allen KC
• Andrew Day

01/04/2025

DF v YB (No 2: Costs) [2025] EWFC 76 (B)31 March 2025

Mr Nicholas Allen KC. Application for costs following a final hearing.

• Cases

• NCDR
• Costs

• Katie Stephens

Schedule 1 Property Structures

The main focus in cases under Schedule 1 to the Children Act 1989 is often on how to meet the housing needs of a child; understandably so, as it is usually the largest cost. It can also be the starting point for settlement as the type of property and loca…

• Journal

• Children Act 1989 Schedule 1 Applications

• Jemma Pollock
• Rebecca Fisher
• Pieter Boodt

06/07/2022

Transplanting Costs Order Principles to LSPOs and Legal Costs Funding Orders

In family proceedings, the court has two key tools at its disposal to address the funding of litigation. The first is via an LSPO to meet the incurrence of future legal fees, and the second, quite distinct in nature and purpose, is a costs order, providing for one party to pay the costs that have already been incurred by the other party.

• Blog

• Costs
• Legal Services Payment Orders

• Grace-Mary Sweeney

07/04/2025

Reflections on the Law Commission Paper Financial remedies on divorce and dissolution: a scoping report published on 18 December 2024

Whilst the figures do vary from year to year, a broad perusal of the official statistics suggests that each year in England and Wales approximately 250,000 couples get married and approximately 100,000 applications for a divorce (formerly divorce petitions) are made.

• Journal

• Law Commission
• Scoping Report

• HHJ Edward Hess | Chair of the Editorial Board

18/03/2025