Journal
The Summary of the Summaries (Summer 2023)
Summaries, beginning with HD v WB [2023] EWFC 2 (Peel J): pre-nuptial agreement challenged by husband on the basis that he did not understand its implications and that it would not meet his needs. Husband was successful on this second contention. He received a needs-based award, albeit only 4% of overall liquid assets.
- Journal
!03/07/2023 08:00
Financial Remedies Case Round-Up (Mid-January to mid-April 2023)
When Australian legislators introduced a statutory presumption that both parents should have a meaningful relationship with their child, applications to Australian family courts increased as parties thought their cases were the exceptions to the presumpti…
- Journal
!03/07/2023 08:00
Tech Corner: Everybody QWERTs – A Guide to Mechanical Keyboards
Oh, I’ve got good news and bad news, girls. The good news is your dates are here…After several issues worth of useful content, here I am again. This time I’ve abandoned all caution and decided to focus on the last thing you might consider…
- Journal
- Tech Corner
!03/07/2023 08:00
Money Corner: Mortgage Capacity from a Broker’s Perspective
The last 12 months has seen substantial changes in the mortgage market, the products that are available and adjustments to the way in which lenders assess affordability for mortgages.It has been widely reported that the interest rates on mortgages are cur…
- Journal
- Mortgage Capacity
- Money Corner
!03/07/2023 08:00
DR Corner: Review of Do It Out of Court – A Practical Guide to Dispute Resolution Processes in Family Law
A review of the book by Karin Walker, from Law Brief Publishing (2023). This is a concise and informative book aimed at family law practitioners with little or no experience in out-of-court dispute resolution methods.
- Journal
- Alternative Dispute Resolution
- DR Corner
- Book Review
- Out of Court Dispute Resolution Options
!03/07/2023 08:00
Has the Sign on the Blind Alley Been Lifted? The Possible Return of Compensation
The concept of compensation in financial remedy proceedings has, since its inception in 2006, been a divisive principle. On the one hand, it is a principle that underpins the very reason that the justice system exists: to compel restitution; on the other…
- Journal
- Compensation
!03/07/2023 08:00
What Family Lawyers Need to Know about Valuing Mixed Property Portfolios in Financial Remedy Proceedings
Over the past decade, a number of cases have come before the Family Court involving property portfolios. These cases have ranged from the seminal case of Prest v Petrodel Resources Ltd & Ors [2013] UKSC 34 through to the case of ND (By her Litigation Friend) v GD [2021] EWFC 53, where provision for end-of-life care was in issue.
- Journal
- Financial Remedies
- Compensation Principle
- Conflict of Law
!03/07/2023 08:00
Cohabitation Rights in England and Wales, Scotland and Australia
Across the globe, the composition of families is changing. No longer is marriage the definitive means for defining a family; we have seen the growth of other formalised relationship statuses such as registered partnerships and civil unions. The family outside marriage has now become a statistical reality and something that policymakers should not readily ignore.
- Journal
- Cohabitation
!03/07/2023 08:00
Pensions on Divorce – Standard Family Order Template and Short Marriages
This article deals with two points. The first relates to the publication of the new pension sharing order (PSO) template at paragraph number 95 in the Standard Family Orders suite. The second relates to the issue of short marriages in the context of pensi…
- Journal
- Duration of the Marriage
- Pensions on Divorce
- Standard Family Orders
!03/07/2023 08:00
What Does Equality of Pension Capital Mean?
I started writing expert witness reports around 2005 and, right from the start, a regular question was, ‘Should we seek equality of income or equality of capital?’ Letters of Instruction regularly ask the expert to calculate ‘The pension…
- Journal
!03/07/2023 08:00
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