Money Corner: Spring (Cleaning) Budget: Out with the LTAs and in with the LSAs

Peter Turnbull discusses the LTA as it was; introduces the new allowances that have replaced the LTA; and highlights issues family lawyers may need to consider.

• Journal

• Money Corner
• LTA

• Peter Turnbull

!01/07/2024 07:00

Impact of Conduct on Needs

In exercising its powers in financial remedy proceedings, the court is required to have regard to the ‘conduct of each of the parties if that conduct is such that it would in the opinion of the court be inequitable to disregard it’: s 25(2)(g) Matrimonial Causes Act 1973.

• Journal

• Conduct
• Needs

• Nicholas Allen KC
• Jennifer Lee

!01/07/2024 07:00

A Reply to Baroness Deech’s Argument for Reform

A companion piece to Baroness Deech’s article, arguing against the call for reform of s 25(2) MCA 1973.

• Journal

• divorce
• Reasonable Financial Provision

• Samantha Hillas KC

!01/07/2024 07:00

Judicial Immunity: An Extraordinary Case and a Worrying Warning from Australia

An extraordinary decision in August 2023 of the Federal Court of Australia has highlighted for English judges the risks of being sued for damages and the potential inadequacy of the defence of judicial immunity.

• Journal

• Judicial Immunity

• Professor David Hodson OBE KC(Hons) MCIArb

!01/07/2024 07:00

Financial Remedies Case Round-Up (Mid-January 2024 to end April 2024)

Polly Morgan rounds up cases from the first third of 2024, including Schedule 1 cases, Transfers of tenancy and Qualified Legal Representatives.

• Journal

• Polly Morgan | Case Editor

!01/07/2024 07:00

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

• Professor Sharon Thompson

!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

• Helen Brander

!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

• Christopher Hames
• Katherine Gittins

!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

• Lady Brenda Hale
• Samantha Hillas KC

!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

• Liam Kelly

!01/07/2024 07:00