Delaying a Divorce Because of Financial Prejudice: The New No-fault Law and Practice

There can be real loss and prejudice in some divorce cases if the final divorce order, previously the decree absolute, is granted before the final financial settlement and its implementation in circumstances when the paying party then dies.

• Blog
• Journal

• divorce

• Professor David Hodson OBE KC(Hons) MCIArb

!07/10/2024 22:10

Is the Current Approach to ‘Conduct’ in Financial Remedy Proceedings in Need of Reform?

The significance and role of marital misconduct in proceedings for financial relief on divorce has had a long and varied history in family law. This article explores that history and the evolving significance of conduct within the litigation process and poses the question whether the current approach to conduct under s 25(2)(g) Matrimonial Causes Act 1973 is in need of reassessment.

• Journal

• Conduct

• Femi Ogunlende

!04/10/2024 08:00

Non-Court Dispute Resolution and the New Protocol – Don’t Look a Gift Horse in the Mouth…

Whilst there are a multitude of options available to separating families – both in terms of finding outcomes but also support along the way – too often the last resort when the going gets tough has continued to be a court process. The new protocol is exactly what was needed to force a change of direction.

• Journal

• NCDR

• Katharine Landells

!27/09/2024 08:00

As the English Family Court Grapples with a New Direction of Travel for Non-Court Dispute Resolution, What Are the Likely Impacts of Recent Changes and Are We at Risk of Putting the Cart before the Horse?

Over recent years, there have been an increasing number of public consultations and reports considering how to support the earlier resolution of civil disputes, both within the Family Courts and across other areas of practice. A key driver behind the perceived need for additional focus on this area is the overwhelming backlog of cases within the court system.

• Journal

• NCDR

• Alex Brereton
• Polly Atkins
• Eri Horrocks

!27/09/2024 08:00

Galbraith Tables v2: Why they Have Changed

Some two years have now passed since the First Edition of the Galbraith Tables were published. Much has happened within this intervening period. The authors felt the need to produce a revised edition. This article discusses what has changed and why it has proved necessary for the new version to be produced.

• Journal

• Galbraith Tables

• Jonathan Galbraith
• Chris Goodwin

!01/07/2024 07:00

The Origin, History and Present Status of the Principal Registry of the Family Division

Everyone knows that Baroness Butler-Sloss ascended from the rank of Registrar at Somerset House to President of the Family Division via the High Court and the Court of Appeal. Wikipedia states, ‘She was appointed a Registrar at the Principal Registry of the Family Division in 1970’. We will show that this is not quite right. In 1970 the Principal Registry of the Family Division did not exist.

• Journal

• Sir James Munby
• Sir Nicholas Mostyn

!01/07/2024 07:00

Shariah Law – Marriage, Divorce and Financial Aspects

This article focuses on the different types of Islamic/Shariah divorce, the overlap with civil law and the relevant financial implications. Many Muslim clients experience marital breakdown in this jurisdiction, so it is useful to gain a better understanding of the issues they face and the holistic advice that is needed. The cultural aspects have not been considered within the article, but should also be borne in mind when advising Muslim clients.

• Journal

• divorce

• Aysha Chouhdary

!01/07/2024 07:00

Money Corner: Spring (Cleaning) Budget: Out with the LTAs and in with the LSAs

Peter Turnbull discusses the LTA as it was; introduces the new allowances that have replaced the LTA; and highlights issues family lawyers may need to consider.

• Journal

• Money Corner
• LTA

• Peter Turnbull

!01/07/2024 07:00

Impact of Conduct on Needs

In exercising its powers in financial remedy proceedings, the court is required to have regard to the ‘conduct of each of the parties if that conduct is such that it would in the opinion of the court be inequitable to disregard it’: s 25(2)(g) Matrimonial Causes Act 1973.

• Journal

• Conduct
• Needs

• Nicholas Allen KC
• Jennifer Lee

!01/07/2024 07:00