The Galbraith Tables: a New Chapter for Pension Offsetting on Divorce?

Purpose of this articleThis article discusses how the thinking on the remedy of offsetting of pension rights has emerged over time, and introduces the ‘Galbraith Tables’, being the authors’ attempt to produce transparent and accessible p…

• Journal

• Pensions on Divorce

• Jonathan Galbraith
• Chris Goodwin
• Rhys Taylor | Vice Chair of the Editorial Board & Journal Editor

!01/04/2022 06:26

Part III: Reflections on the 40th Anniversary of the Law Commission's Recommendations

‘As we approach the 40th anniversary of the 1984 Act, the complexities and challenges to which I have referred would suggest that this is an area which could well benefit from consideration by the Law Commission.’Potanina v Potanin [2021] EWCA…

• Journal

• divorce

• Michael Allum

!01/04/2022 06:24

Whose Fault Is It Anyway?

Will the introduction of "no fault" divorce herald greater reliance on conduct in financial remedy proceedings?

• Journal

• divorce

• Polly Calver
• Joanne Edwards

!01/04/2022 06:19

BT v CU [2021] EWFC 87: Barder, Thwaite, Drafting Lump Sums and Anonymisation

Sometimes in law, as in life, things do not turn out expectedly.BT v CU was intended to be a test case for whether COVID was capable of being a Barder event. H’s argument was that the pandemic was ‘unforeseen and unforeseeable’, outside…

• Journal

• Setting Aside Orders (Including Barder Applications)

• Alexander Chandler KC

!01/04/2022 06:14

T v T (Variation of Pension Sharing Order and Underfunded Schemes) [2021] EWFC B67

HHJ Edward Hess’s judgment in the case of Mr T and Mrs T is without doubt the most complex and detailed pension sharing judgment ever handed down by the courts in England and Wales. It has more twists and turns than a John le Carré novel and,…

• Journal

• Pensions on Divorce

• Paul Cobley

!01/04/2022 06:10

Principal Private Residence Relief on Divorce

When individuals stop living in the matrimonial home they are often likely to face a capital gains tax charge when the property is sold or transferred.Any individuals that have lived in a property as their main home are entitled to Principal Private Resid…

• Journal

• Sofia Thomas

!01/04/2022 06:07

Criminal Confiscation, Trusts of Land and Financial Remedies

BackgroundConvicted criminals may find themselves subject to confiscation applications and orders. These might be accompanied by a trust of land or financial remedy application, by a (perhaps not so) innocent applicant. How do confiscation proceedings wor…

• Journal

• Criminal Confiscation and Restraint Orders

• Christian Jowett

!01/04/2022 06:04

Private Alternative Dispute Resolution (pADR) – a Still Much Under-Used Process

A few introductory thoughts – the bigger pictureThe legal profession is notoriously slow at embracing change whether it is to the substantive law or, more often, to process. Every attempt to make the system work better and to the advantage of the pu…

• Journal

• Alternative Dispute Resolution

• Sir Paul Coleridge

!01/04/2022 05:57

Tech Corner: The Remarkable 2, for Family Lawyers?

We date ourselves with our I.T. My generation grew up on the ZX Spectrum, 48K. The noise of Jet Set Willy loading on a cassette tape is an iconic sound of my childhood. I graduated without ever having owned a PC. Hershman & McFarlane was famously birthed on a pair of Amstrad word processors. Mostyn, then a junior barrister, imagined the Form E into existence with an IBM PS/2 (720KB).

• Blog
• Journal

• Tech Corner

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

!01/04/2022 05:54

Money Corner: Financial Protection and Divorce

The area of financial protection is one that most of us first come across when we are buying a house. The mortgage adviser will deftly remind us of all the things that might go wrong for our family if we were to become seriously ill or die. During my trai…

• Journal

• divorce
• Money Corner

• Tamsin Caine

!01/04/2022 05:52