Financial Remedies Case Round-Up (Mid-September 2023 to mid-January 2024)

The judgments published within the autumn period fall sharply at each end of the spectrum of wealth. A number of cases involving significant assets have involved arguments around post-separation accrual.

• Journal

• Post-Separation Accrual

• Polly Morgan | Case Editor

!13/03/2024 07:00

Money Corner: Financial Planning for Non-UK Resident Beneficiaries of Pension Shares

Once a pension sharing order is obtained from the courts in England and Wales, the division of pension assets between UK residents is usually straightforward. For non-UK resident beneficiaries, a myriad of challenges emerges, ranging from accessibility and tax considerations to investment decisions and currency risks.

• Journal

• Pensions on Divorce
• Money Corner

• Philip Teague

!13/03/2024 07:00

Chair's Column (Spring 2024)

The Financial Remedies Journal now enters its third year, and this edition is fizzing with interesting comments and ideas.

• Journal

• HHJ Edward Hess | Chair of the Editorial Board

!13/03/2024 07:00

Non-matrimonial Assets – The New ‘Conduct’?

In the recent decision of RN v DA [2023] EWFC 255, the court was faced with an application by a wife to rescind a decree nisi that had been pronounced in 2012. The husband, conversely, had applied for the decree to be made absolute.

• Journal

• Decree Nisi/Decree Final
• Rescission of Divorce Decree

• Laura Moys

!13/03/2024 07:00

Financial Remedy Proceedings Transparency Reporting Pilot: Launch date 29 January 2024

Those who have appeared in Children Act cases in Leeds, Cardiff or Carlisle in the last 12 months will have encountered the transparency pilot scheme established in those courts in January 2023. The essence of the Financial Remedies Court reporting pilot is the same.

• Journal

• Transparency
• Publicity and Confidentiality

• Samantha Hillas KC

!13/03/2024 07:00

Fair Shares and the Financial Reality of the ‘Everyday’ Divorce

The Fair Shares research study provides the first nationally representative picture of the financial arrangements made by divorcing couples in England and Wales.

• Journal

• divorce

• Emma Hitchings
• Caroline Bryson
• Professor Gillian Douglas

!13/03/2024 07:00

Financial Dispute Revolution? The Family Procedure (Amendment No 2) Rules 2023

There was a time when an unwritten rule seemed to provide that a marriage could only be described as long once the parties had celebrated their china anniversary and entered a third decade together, but times change, and so eventually do some rules.

• Journal

• Family Procedure Rules

• Nicholas Allen KC
• Rhys Taylor | Vice Chair of the Editorial Board & Journal Editor
• Andrew Day

!26/01/2024 08:00

Groundhog Day Again: A Response to The Transparency Reporting Pilot for Financial Remedy Proceedings

Sir James Munby writes about The Transparency Reporting Pilot for Financial Remedy Proceedings.

• Journal

• Transparency
• Publicity and Confidentiality

• Sir James Munby

!26/01/2024 08:00

The Other Half

Solicitors acting for clients in divorce and financial proceedings have a symbiotic relationship with those clients. They provide the solicitors with fees, which are the lifeblood of any law firm, and in turn the solicitors provide the clients with advice and legal representation at one of the most fraught periods of their life.

• Journal

• divorce

• Andrew Hogan

!21/11/2023 07:00

Non-disclosure, Occupation Orders and Transfers of Tenancy

When a couple separates, either party may be able to apply for one or both of two powerful property-focused remedies. The first is an occupation order.

• Journal

• Non-Disclosure
• Transfer of Tenancy
• Occupation Orders

• Gwynfor Evans

!21/11/2023 07:00