Journal
Re-multiplied Propagation
In this article Sir Nicholas Mostyn refers to those financial remedy cases heard in private to which s 12 Administration of Justice Act 1960 does not apply as mainstream financial remedy cases. As is well-known, s 12 imposes an automatic restriction on publishing the details of any financial remedy case which is mainly about child maintenance. The great majority of financial remedy cases are not protected by s 12.
- Journal
- Transparency
- Privacy
- Reporting
!28/05/2025 10:00
Tech Corner: Miris Reporting – Innovative Technology to Help Solicitors Prepare, Verify and Negotiate Client Housing Needs
This article reviews how solicitors currently fulfil the filing requirements of the 2022 Statement on the Efficient Conduct of Financial Remedy Hearings in the Financial Remedies Court below High Court Judge Level (the Efficiency Statement).
- Journal
- Tech Corner
- Housing Need
- Efficient Conduct
- Borrowing Capacity Material
!21/05/2025 10:00
Trusts in Financial Remedy Proceedings
When studying for my A level in English literature I never quite worked out who Myrtle Brown was, nor whether Laurel was her sister or Ivy Neversere a friend of theirs. In History I studied the period when Milton was writing but I never found their names mentioned in the history books either.
- Journal
- Sharing Principle
- Financial Remedies
- Trusts
!18/03/2025 06:00
Betting the Farm
In an area of law that has many dedicated sub-genres, few are perceived as being as abstruse and esoteric as the idea of the ‘farming case’. The term is rolled out with such precision and certainty that one could be forgiven for expecting a separate section of the Matrimonial Causes Act 1973 to have been dedicated to its operation.
- Journal
- Matrimonial and Non-Matrimonial Property
- Nuptial Settlements
- Farms
- Autumn 2024 Budget
- Taxation
- Farming Case
!18/03/2025 06:00
Family BarLink: The CFC Pro Bono Duty Scheme
Restrictions in the provision of legal aid following the Legal Aid, Sentencing and Punishment of Offenders Act 2012 have resulted in a sharp increase in the number of individuals unable to access legal advice and services in family proceedings. The public’s reduced access to legal services is not only detrimental to the individual, who is forced to navigate stressful and emotionally fraught proceedings alone, but also to the represented party.
- Journal
- Access to Justice
- Pro Bono
- Litigants in Person
!18/03/2025 06:00
Financial Remedies – Next Steps on the Road to Reform?
On 18 December 2024 the Law Commission published its Scoping Report on financial remedies on divorce and dissolution. The Scoping Report sets out their findings that the current law does not provide a cohesive framework in which couples going through a divorce can expect fair and sufficiently certain outcomes.
- Journal
- Reform
- Maintenance
- Conduct
- Law Commission
- Pensions
- Nuptial Agreements
- Financial Remedies
!18/03/2025 06:00
DR Corner: Is NCDR Appropriate in Financial Remedy Cases where there is Domestic Abuse?
In October 2024, a Resolution multi-disciplinary working party published a report, Domestic abuse in financial remedy proceedings. Described as a ‘groundbreaking’ consideration of the interplay between domestic abuse and the treatment of finances on separation and divorce, this 18-month project is a powerful call for change.
- Journal
- Domestic Abuse
- NCDR
- DR Corner
!18/03/2025 06:00
Standardising Financial Disclosure for Out-of-Court Resolution: Can We Trust the D81?
The principal forms we use for capturing financial data were drafted by different groups of people, at different times and with different purposes: and it shows. As technology and non-court dispute resolution (NCDR) continue expanding, now might be the time to consider if these forms are, first, fit for purpose and, secondly, whether they can be standardised to talk to one another.
- Journal
- Financial Disclosure
!18/03/2025 06:00
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
!18/03/2025 06:00
The Express Financial Remedy Procedure Pilot
Between the first (A Paper to consider the future use of Remote Hearings in the FRC) and third (Transparency in the Financial Remedies Court) Farquhar reports, the members of the FRC Recovery Group – initially set up by Mr Justice Mostyn and chaired throughout by His Honour Judge Stuart Farquhar – were put to good use.
- Journal
- Procedure
- Fast Track
- Express Financial Remedy Procedure
!18/03/2025 06:00
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