Journal
Family Proceedings and Litigation Capacity
An integral yet little discussed part of our role as family law professionals is to ensure that our clients, and other parties and witnesses, are able to fully engage in the proceedings. When we refer to proceedings in this context, it is important to note that this incorporates both the court process and any voluntary process. This can relate to vulnerable parties, such as parties who are victims of domestic abuse or parties with a disability, or protected parties.
- Journal
- Official Solicitor
- Mental Capacity Act
- Capacity
- Litigation Friend
!18/03/2025 06:00
Principles vs Resources: Conduct and the Law Commission Scoping Report
The Law Commission’s long awaited scoping report on financial remedies was published on 18 December 2024. It concludes that the law relating to financial remedy should be reformed. We asked the Law Commission to clarify whether their concerns in respect of the fairness of the outcomes was restricted to litigants who had experienced domestic abuse in their marriage.
- Journal
- Conduct
- Law Commission
!18/03/2025 06:00
Domestic Abuse, Nuptial Agreements and Financial Remedies: A Cultural Shift?
As family practitioners will know, the dynamics involved in negotiating nuptial agreements are no less nuanced than those in other parts of our work. There can be power imbalances, cultural clashes and differing perceptions of fairness.
- Journal
- Domestic Abuse
- Conduct
- Nuptial Agreements
!18/03/2025 06:00
Reflections on the Law Commission Scoping Report in Relation to Pensions on Divorce
Chapter 10 of the Law Commission’s Scoping Report is devoted solely to pensions, an issue to which its terms of reference specifically refer. The report makes for concerning reading; it notes that many divorcing couples separate without a pension sharing arrangement in place and that some do not even consider their spouse’s pensions in negotiations.
- Journal
- Law Commission
- Pensions
- Scoping Report
!18/03/2025 06:00
Her Honour Judge Isobel Plumstead (1947–2024) – An Obituary
HHJ Isobel Plumstead was born on 19 July 1947 and died on 30 December 2024. She was one of the best judges of her generation. The memories which have been shared since her death by lawyers who appeared in front of her, or whose careers she assisted, show that her qualities of great intellect, compassion, common sense and generosity were appreciated by many.
- Journal
- Obituaries
!18/03/2025 06:00
Chair's Column (Spring 2025)
This is the first issue of the FRJ since the Law Commission’s ‘scoping report’ was published in December 2024. The essence of a scoping report is that it steps back and paints an overview. It presents options (to the government or to Parliament); but does not seek to recommend or even identify a clear way forward. The downside of this exercise is that it doesn’t really solve anything.
- Journal
!18/03/2025 06:00
The Summary of the Summaries (Spring 2025)
Summaries of recent cases including WW v XX [2024] EWFC 330 (B)(HHJ Hess) – final hearing involving valuation and matrimonial nature of business – and Mainwaring v Bailey [2024] EWHC 2614 (Fam), FC v WC [2024] EWFC 291 and A v M (No 3) [2024] EWFC 299.
- Journal
!18/03/2025 06:00
Important Recent Case Developments (October 2024 to mid January 2025)
These are the noteworthy case-law developments since the last issue went to press in early October 2024. This period has seen a number of cases involving legal services payment orders (LSPOs), and we draw your attention to one in particular. In addition to this, there are several interesting cases involving international enforcement of maintenance, mistake, the effect of one party having a significant disability in a modest asset cases; and a very useful case on the effect of delays between conditional and final divorce order.
- Journal
!18/03/2025 06:00
Will Delays in Converting Arbitral Awards into Court Orders Deter the Use of Arbitration?
Since the Court of Appeal’s judgment in Haley v Haley [2020] EWCA Civ 1369 there have been numerous attempts to encourage litigants and legal representatives to use arbitration to resolve family law disputes. The recent case of ON v ON [2024] EWFC 379 illustrates the difficulties which can arise when there is a change of circumstances between an arbitral award being delivered and reflected in a court order.
- Journal
- arbitration
!18/03/2025 06:00
Dealing with Private Equity Investments in Financial Remedies Cases
Investments in private equity funds are a feature of some ‘big money’ divorce cases. In some cases, investments have been made in private equity funds and those investments, or profit sharing entitlements deriving from them, form part of the matrimonial or non-matrimonial property of the parties.
- Journal
- Carried Interest
- Sharing
- Funds
- Private Equity
- Investments
- Valuations
- PE
- Remuneration
!18/03/2025 06:00
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