Tech Corner: NeedsMet

Whether we like it or not, the age of ‘do-it-yourself’ divorce is here.

• Journal

• divorce

• Alex Woolley

!21/11/2023 07:00

The Thwaite Jurisdiction – A Stay of Execution?

The very existence of the Thwaite jurisdiction is controversial. Its origins are found in Thwaite v Thwaite [1981] 2 FLR 280.

• Journal

• 'Thwaite Jurisdiction'

• Nicholas Allen KC
• Philip Tait

!21/11/2023 07:00

Money Corner: Welcome Change to Capital Gains Tax Rules on Divorce

For many years, capital gains tax (CGT) has often been a major stumbling block in financial settlements. Transferring assets around could give rise to tax liabilities in the hands of the transferring spouse who is usually not receiving any sales proceeds with which to pay what is known as a dry tax charge.

• Journal

• Money Corner

• Simon Denton

!21/11/2023 07:00

AS v CS: What are the Consequences if the Court Has Not Mandated a Private FDR?

The duty of the court to direct that a financial remedies application must be referred to an FDR appointment is set out in FPR 9.15(4). The court must direct such a hearing unless: (1) the first appointment, or part of it, has been treated as an FDR appointment which has been effective; or (2) there are exceptional reasons which make a referral to an FDR appointment inappropriate.

• Journal

• Private FDR

• Nicholas Allen KC

!21/11/2023 07:00

Financial Remedies: The Law Commission’s Scoping Project

On 4 April 2023, the Law Commission announced that it would be undertaking a project to review the current law governing financial remedies on divorce or dissolution of civil partnership.The purpose of the project is to determine whether there are problems with the current law that require reform, and what the options for reform might look like.

• Journal

• Financial Remedies

• Professor Nick Hopkins
• Christine Gentry
• Beth Payne

!21/11/2023 07:00

The Summary of the Summaries (Winter 2023)

Summaries beginning with Cummings v Fawn [2023] EWHC 830 (Fam) (Mostyn J): W’s appeal of a judgment, which had seen her held to a Xydhias agreement, was allowed on the basis that the first instance judge had not properly considered how W’s housing needs and debts could be met.

• Journal

• Henry Pritchard

!21/11/2023 07:00

Hasan – The Barder Conundrum – A Final Word (We Promise)

The Supreme Court's judgment in Hasan was handed down on 28 June 2023. Most readers will by now be at least peripherally aware of what the case was about. This article is to some extent a continuation of a blog post written by one of the authors for this publication in July 2023.

• Journal

• Barder Applications

• Joe Rainer
• Jennifer Lee

!21/11/2023 07:00

The Jurisdiction of the Family Court to Determine Property Disputes in Favour of Third Parties

The Family Court does not have TLATA jurisdiction. This creates a particular problem for proceedings in a Family Court which is not also a county court, most obviously the CFC in London. This article, although not limited to proceedings in the CFC, includes some specific discussion about how the problem can be dealt with there.

• Journal

• TOLATA

• Her Honour Judge Evans-Gordon
• Nicholas Allen KC
• Rhys Taylor | Vice Chair of the Editorial Board & Journal Editor

!21/11/2023 07:00

To Advise or Not to Advise – An Abundance of Caution? What Limitations Can Be Imposed and What are the Parameters of a Family Law Solicitor’s Duty?

‘I did not have the money, and she did not have the time’ said Joanne Lewis, during her evidence before HHJ Coe KC at a final hearing in November 2022 (with judgment handed down on 31 March 2023) to determine Mrs Lewis’ professional negligence claim against her matrimonial solicitors.

• Journal

• Professional Negligence

• Timothy Evans
• Olivia Longrigg

!21/11/2023 07:00