Journal
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
Businesses in Financial Remedy Claims
'Business' is a term that covers a multitude of different structures. The most common are limited companies (whether public or private), partnerships and sole traders. The courts will treat different businesses in different ways.
- Journal
- Sharing Principle
- Business
- Companies
- Business Assets
- Financial Remedies
- Expert Evidence
- Case Management
- Business Valuation
- Valuations
!13/03/2024 07:00
A Crib Sheet for those New to Financial Remedies Practice
By way of an extract from Polly Morgan's Family Law (OUP, 2nd edn, 2024), we present an aide memoire of the relevant principles and practicalities for the new financial remedies practitioner.
- Journal
- Financial Remedies
!13/03/2024 07:00
Securing Property Situated Outside the Jurisdiction of England and Wales for the Benefit of Minor Children
Readers may not be familiar with an issue that has occasionally troubled the courts: the exercise of parental responsibility by a parent of a minor child to secure for the child’s benefit property, assets or income to which the child is entitled and which is situated outside the court’s jurisdiction in a foreign land.
- Journal
- Overseas Assets
- Property
!13/03/2024 07:00
Xydhias, 25 Years On – What Exactly IS a Xydhias Agreement?
Practitioners will be familiar with the oft quoted phrase that ‘the court is not a rubber stamp’ (Kelley v Corston [1998] 1 FLR 986). The court must continue to exercise its discretion under s 25 MCA 1973 even when presented with an agreement between parties.
- Journal
- FDRs
- Agreements
- Negotiations
- Xydhias
- Consent Orders
!13/03/2024 07:00
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