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

• Rhys Taylor | Vice Chair of the Editorial Board & Journal Editor

!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

• George Mathieson

!03/07/2023 08:00

Unilateral Assets and Short Marriages after E v L – Another White Leopard?

It was made clear by the Court of Appeal in Miller v Miller [2005] EWCA Civ 984, [2006] 1 FLR 151 that none of the pre-White v White [2000] UKHL 54, [2000] 2 FLR 981 so-called short marriage cases had survived the change in judicial approach that White heralded.

• Journal

• Duration of the Marriage
• Unilateral Assets

• Nicholas Allen KC

!03/07/2023 08:00

Goddard-Watts – The Second Sequel: Fraud Unravels All, Sometimes

The words ‘Goddard-Watts’ may cause a feeling of déjà vu for financial remedy practitioners. After their separation and divorce (in 2009 and 2010, respectively) the parties settled by consent the financial relief claims arising from the…

• Journal

• Fraud

• Harry Campbell
• Calum Smith

!03/07/2023 08:00

Fairness versus Certainty – Should the Matrimonial Causes Act 1973 be Amended to Restrict the Duration of Spousal Maintenance?

As part of the Law Commission’s review of the law concerning financial division upon divorce, announced on 4 April 2023, it will consider ‘how maintenance payments for an ex-spouse or civil partner should work’. The terms of reference se…

• Journal

• Spousal Maintenance (Quantum)

• Katherine Dunseath
• Elizabeth Darlington

!03/07/2023 08:00

Reflections on the Recent Announcement by the Law Commission of a Review of Financial Remedies Law

On 4 April 2023 the Law Commission announced a ‘review of the laws which determine how finances are divided among couples after divorce’, targeted at producing a ‘scoping report’ in September 2024. The announcement carried an explanation of the task and the likely timetable.

• Journal

• Blog
• Standard Family Orders

• HHJ Edward Hess | Chair of the Editorial Board

!03/07/2023 08:00

Interview with Mr Justice Mostyn – Rules and Woolly Discretion

Alexander Chandler KC interviews Mr Justice Mostyn.

• Journal

!03/07/2023 08:00

Mr Justice Mostyn – An Appreciation on His Forthcoming Retirement

Cruel fate has cut short the judicial career of one of the greatest family lawyers of our times. He explains why in his article, ‘Sir Nicholas Mostyn shares his experience of living with Parkinson’s’ [2023] IFL 67. In the form of a revel…

• Journal

• Sir James Munby

!03/07/2023 08:00

Chair’s Column (Summer 2023)

A fond farewell to Mostyn J. In this issue of the Financial Remedies Journal we have decided to shine an approving and appreciative light on Mr Justice Mostyn, a great family lawyer and the greatest financial remedies lawyer of our age.

• Journal

• HHJ Edward Hess | Chair of the Editorial Board

!03/07/2023 08:00