
Journal
Getting Blood Out of a Stone – Handling the Uncooperative Ex-Spouse
Sadly, what follows is not an uncommon scenario. Hotly contested divorce proceedings result in an order being made that requires one spouse to make financial payments to the other over a period of months or years.Everyone breathes a sigh of relief that th…
- Journal
!06/07/2022 07:11
The Origins of the Financial Remedies Court – an Insider’s View (Part 2)
On 29 October 2018, the President announced that, following further consultation, he had given the ‘green light’ for the pilot to start working in each of the additional eight courts I had identified: Financial Remedies Pilot extended [2018] F…
- Journal
!06/07/2022 07:10
Domestic Abuse in Financial Remedy Cases
While domestic abuse is one of the issues currently at the top of the family law agenda, it is not as prominent in financial remedy work as it is in children work and professional discussion is limited.
- Journal
!06/07/2022 07:09
Schedule 1 Remedies for the Older Child
HHJ Hess recently handed down a helpful decision as to jurisdiction under Schedule 1 for an adult child in J & K v L (Schedule 1: Older Children) [2021] EWFC B104. While this decision is non-binding, the judgment offers an exceptionally lucid and helpful analysis of existing case law.
- Journal
- Children Act 1989 Schedule 1 Applications
!06/07/2022 07:08
Schedule 1 Property Structures
The main focus in cases under Schedule 1 to the Children Act 1989 is often on how to meet the housing needs of a child; understandably so, as it is usually the largest cost. It can also be the starting point for settlement as the type of property and loca…
- Journal
- Children Act 1989 Schedule 1 Applications
!06/07/2022 07:07
Both Sides Now: DN v UD
UD v DN (Schedule 1, Children Act 1989; Capital Provision) [2021] EWCA Civ 1947 is one of only a handful of cases under Schedule 1 to the Children Act 1989 (Schedule 1) to have made it to the Court of Appeal since Re P (Child: Financial Provision) [2003] EWCA Civ 837.
- Journal
!06/07/2022 07:06
Sharing and the Family Home
Historically, a wife’s property was absorbed into that of her husband on marriage, and she was not capable of ownership in her own name thereafter. This situation, after some modest changes in the 1870s, finally changed for good with the Married Wom…
- Journal
- Matrimonial and Non-Matrimonial Property
!06/07/2022 07:05
Privacy and Transparency in the Financial Remedies Court
Anyone who has had the benefit and privilege of listening to Mostyn J speak in an extra-judicial capacity will have been afforded a peek into the extraordinary breadth of knowledge and learning of one of England’s most experienced family judges. The…
- Journal
- Transparency
!06/07/2022 07:04
Some Sunlight Seeps In
In relation to transparency in the Financial Remedies Court (FRC) there are further signs that the tectonic plates are shifting.
- Journal
- Transparency
!06/07/2022 07:03
The Financial Remedies Court: The Road Ahead
It is a great honour to be invited to contribute to issue 2 of the Financial Remedies Journal, which is an outstanding addition to the financial remedies landscape. As my illustrious predecessor, Mostyn J, remarked in the inaugural issue,Financial Remedie…
- Journal
!06/07/2022 07:02