Journal
Reform of Financial Provision on Divorce
After much hesitation and delay, both from the government and the profession, it seems that at last the Law Commission will set to reforming the law of financial provision on divorce. The significant problems of this area were addressed, but not completely resolved, in the Law Commission report Matrimonial Property Needs & Agreements.
- Journal
- divorce
- Reasonable Financial Provision
!01/07/2024 07:00
Proving Foreign Law in Financial Remedy Proceedings
Foreign law often rears its head in financial remedy proceedings with an international element. Issues of foreign law need not cause panic or confusion provided they are identified and appropriately case managed early in the proceedings. The trouble is, often they are not.
- Journal
- Foreign Assets
!01/07/2024 07:00
Chair’s Column (Summer 2024)
I am delighted to see from a perusal of the latest statistics on the use of the range of FRC-related resources on the FRJ website that the vision of providing the ‘go to’ place for financial remedies practitioners has become a reality.
- Journal
!01/07/2024 07:00
Dame Jennifer Roberts: An Appreciation
On 13 June 2024 a packed Lady Chief Justice’s Court was the scene of affectionate tributes to Mrs Justice Roberts, known to all as Jenny, who died on 10 June 2024. The sadness evident on that occasion and in writing an obituary for Jenny is mingled with the pleasure of recalling such a fine and lovely person.
- Blog
- Journal
- Obituaries
!18/06/2024 13:42
Source not Title: Some First Reflections on Standish
On 15 and 16 November 2023, Standish v Standish came before a Court of Appeal comprising King, Moylan and Phillips LJJ. 189 days later, Moylan LJ delivered the court’s unanimous decision: Mrs Standish’s (‘W’) appeal was dismissed, and Mr Standish’s (‘H’) appeal allowed, subject to the matter being remitted for a needs-based assessment of W’s claims.
- Journal
- Matrimonial and Non-Matrimonial Property
- Matrimonialisation
!31/05/2024 09:32
Child Maintenance by the Back Door? Mortgages and Schedule 1 Children Act 1989
Following the successful appeal of the arbitral award in LT v ZU [2023] EWFC 179, the decision has been reversed in the further appeal to the High Court ([2024] EWHC 778 (Fam)). LT v ZU is significant as it provides authority to permit a court to require a party to take out a mortgaged loan to provide housing pursuant to Sch 1; and pay the monthly mortgage instalments in cases where the court has no jurisdiction to make periodical payments. The father is seeking permission to appeal.
- Journal
- Child Maintenance
!16/05/2024 10:26
Your House, My Mortgage: The Decision in Re A and B
Can the Family Court order a party to take out and pay a mortgage in order to meet the other party’s housing needs?
- Journal
- Housing Need
!16/05/2024 10:10
Potanin v Potanina – the Supreme Court Decision
On 31 January 2024 the Supreme Court handed down the much-awaited judgment in Potanina v Potanin [2024] UKSC 3. These proceedings relate to financial claims which can be brought in England for financial provision after an overseas divorce.
- Journal
- Overseas Divorce and the 1984 Act
!13/03/2024 07:00
Costs
Readers of this publication will be familiar with the expressions of horror over costs in financial remedy proceedings from the High Court bench in recent years, culminating in adjectives like ‘nihilistic’ and ‘apocalyptic’. Mostyn J proclaimed that ‘something must be done’. Joseph Rainer offers a suggestion.
- Journal
!13/03/2024 07:00
‘What’s In a Name?’ Anonymising Financial Remedy Judgments
How engrained is the practice of anonymisation in financial remedy judgments? What rationale was given in those cases for naming the parties or anonymisation? What is the author's view of the legal issues in relation to anonymity? How will these issues pan out?
- Journal
- Anonymity
!13/03/2024 07:00
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