Financial Remedies – Next Steps on the Road to Reform?

On 18 December 2024 the Law Commission published its Scoping Report on financial remedies on divorce and dissolution. The Scoping Report sets out their findings that the current law does not provide a cohesive framework in which couples going through a divorce can expect fair and sufficiently certain outcomes.

• Journal

• Reform
• Maintenance
• Conduct
• Law Commission
• Pensions
• Nuptial Agreements
• Financial Remedies

• Professor Nick Hopkins
• Professor Thérèse Callus
• Christine Gentry

!18/03/2025 06:00

DR Corner: Is NCDR Appropriate in Financial Remedy Cases where there is Domestic Abuse?

In October 2024, a Resolution multi-disciplinary working party published a report, Domestic abuse in financial remedy proceedings. Described as a ‘groundbreaking’ consideration of the interplay between domestic abuse and the treatment of finances on separation and divorce, this 18-month project is a powerful call for change.

• Journal

• Domestic Abuse
• NCDR
• DR Corner

• Edward Cooke
• Karin Walker

!18/03/2025 06:00

Standardising Financial Disclosure for Out-of-Court Resolution: Can We Trust the D81?

The principal forms we use for capturing financial data were drafted by different groups of people, at different times and with different purposes: and it shows. As technology and non-court dispute resolution (NCDR) continue expanding, now might be the time to consider if these forms are, first, fit for purpose and, secondly, whether they can be standardised to talk to one another.

• Journal

• Financial Disclosure

• Caroline Bowden

!18/03/2025 06:00

Reflections on the Law Commission Paper Financial remedies on divorce and dissolution: a scoping report published on 18 December 2024

Whilst the figures do vary from year to year, a broad perusal of the official statistics suggests that each year in England and Wales approximately 250,000 couples get married and approximately 100,000 applications for a divorce (formerly divorce petitions) are made.

• Journal

• Law Commission
• Scoping Report

• HHJ Edward Hess | Chair of the Editorial Board

!18/03/2025 06:00

The Express Financial Remedy Procedure Pilot

Between the first (A Paper to consider the future use of Remote Hearings in the FRC) and third (Transparency in the Financial Remedies Court) Farquhar reports, the members of the FRC Recovery Group – initially set up by Mr Justice Mostyn and chaired throughout by His Honour Judge Stuart Farquhar – were put to good use.

• Journal

• Procedure
• Fast Track
• Express Financial Remedy Procedure

• Samantha Hillas KC

!18/03/2025 06:00

Tech Corner: The Intersection of Technology and Domestic Abuse: Legal Implications in the UK

While technological advancements offer numerous benefits, they have also opened new avenues for individuals to exert control, manipulate, and harass their partners and ex-partners in cases of domestic abuse. In this article, we will explore the unfortunate intersection between technology and domestic abuse within the context of England and Wales family law.

• Journal

• Domestic Abuse
• Tech Corner
• Technology

• Steven Bradley
• Katie Deans

!18/03/2025 06:00

When the Wife Becomes a Widow: The Effect of Death on Financial Provision Claims

In this world, nothing can be certain except death and taxes.’ So Benjamin Franklin is said to have written to Jean-Baptiste Le Roy. Taxes and their impact are usually closer to the front of the minds of those going through divorce or a dissolution of a civil partnership, but occasionally death can rear its head, and cause significant disruption to those anticipating or venturing into a new structure to their lives following the breakdown of their family.

• Journal

• Personal Representatives
• divorce
• Death
• Financial Remedies
• Wills
• Intestacy
• Inheritance

• Helen Brander

!18/03/2025 06:00

Money Corner: New Tax Landscape for High Net Worth Divorces

The dust has (almost) settled following the Autumn Budget and April 2025 will bring about one of the biggest overhauls of the way the UK taxes foreign individuals in decades. This piece covers the changes to the non-domicile (non-dom) regime and the other smaller measures announced in the budget that will have an impact on high net worth (HNW) and international divorces.

• Journal

• Money Corner
• High Net Worth
• Tax
• Non-Domicile

• Sofia Thomas

!18/03/2025 06:00

Interview with Sir Nicholas Francis

Nicholas Allen KC and HHJ Edward Hess interviewed Sir Nicholas Francis over dinner in December 2024, a few months after he retired from the High Court Bench.

• Journal

• HHJ Edward Hess | Chair of the Editorial Board
• Nicholas Allen KC

!18/03/2025 06:00