Journal
Pre-nuptial Agreements – A Good Route to Autonomy?
Every family lawyer knows that the validity of pre-nuptial agreements (pre-nups) is at the mercy of the judge’s discretion, yet a freely entered agreement that is not unfair will be given decisive weight.
- Journal
- Pre-Nuptial Agreements
!01/07/2024 07:00
Evidencing Earning Capacity: Expert Assessments with Potential for both Cooperation and Conflict
Embarking on divorce proceedings is not just the end of one chapter of life but the start of a new one. Judges determining applications for financial remedies on divorce or dissolution of civil partnership aim to ensure that the former spouses are each on as stable a financial footing as possible as they enter into that new chapter.
- Journal
- Earning Capacity
!01/07/2024 07:00
Tousi v Gaydukova – Must Parties to a Void Marriage First Seek a Nullity Order before Obtaining an Order for the Transfer of a Tenancy?
The distinction between void, voidable and non-qualifying ceremonies can be difficult to discern. The case law is voluminous and often turns on very specific factual scenarios.
- Journal
- Void Marriage
!01/07/2024 07:00
Interview with Baroness Hale
Whether you know her as ‘the Beyoncé of the legal world’, (as she was introduced at the Women in Law dinner in Manchester in March 2024) or ‘call me Brenda’ (as she modestly introduces herself), Baroness Hale of Richmond is an exceptional woman and an exceptional lawyer. Here she is interviewed by Samantha Hillas KC.
- Journal
- Interview
!01/07/2024 07:00
The Summary of the Summaries (Summer 2024)
Liam Kelly summarises recent cases including BR v BR [2024] EWFC 11, PF v QF [2024] EWFC 10, Savage v Savage [2024] EWCA Civ 49 and others.
- Journal
!01/07/2024 07:00
Where there’s a Wells there’s a Way
The 2018 Court of Appeal judgments in Versteegh v Versteegh [2018] EWCA Civ 1050 and Martin v Martin [2018] EWCA Civ 2866 appeared to signal that Wells sharing was falling out of favour. More recently, however, judges seem more open to it.
- Journal
- Wells Sharing
!01/07/2024 07:00
Implications of the Changing Non-domicile Regime
On 6 March 2024, the Government announced a major overhaul of the regime for the taxation of non-doms in the United Kingdom. These changes will impact all high net worth UK residents whose domicile for tax purposes is outside the UK (‘non-doms’) but may have a particularly significant impact on non-doms divorcing in the UK.
- Journal
- Domicile
!01/07/2024 07:00
Tech Corner: Ethical AI for Family Lawyers
A conversation between Kay Firth-Butterfield and Rhys Taylor.
- Journal
- Tech Corner
- AI
- Professional Ethics
!01/07/2024 07:00
Reform of Financial Provision on Divorce
After much hesitation and delay, both from the government and the profession, it seems that at last the Law Commission will set to reforming the law of financial provision on divorce. The significant problems of this area were addressed, but not completely resolved, in the Law Commission report Matrimonial Property Needs & Agreements.
- Journal
- divorce
- Reasonable Financial Provision
!01/07/2024 07:00
Proving Foreign Law in Financial Remedy Proceedings
Foreign law often rears its head in financial remedy proceedings with an international element. Issues of foreign law need not cause panic or confusion provided they are identified and appropriately case managed early in the proceedings. The trouble is, often they are not.
- Journal
- Foreign Assets
!01/07/2024 07:00