Journal
Groundhog Day Again: A Response to The Transparency Reporting Pilot for Financial Remedy Proceedings
Sir James Munby writes about The Transparency Reporting Pilot for Financial Remedy Proceedings.
- Journal
- Transparency
- Publicity and Confidentiality
!26/01/2024 08:00
The Other Half
Solicitors acting for clients in divorce and financial proceedings have a symbiotic relationship with those clients. They provide the solicitors with fees, which are the lifeblood of any law firm, and in turn the solicitors provide the clients with advice and legal representation at one of the most fraught periods of their life.
- Journal
- divorce
!21/11/2023 07:00
Non-disclosure, Occupation Orders and Transfers of Tenancy
When a couple separates, either party may be able to apply for one or both of two powerful property-focused remedies. The first is an occupation order.
- Journal
- Non-Disclosure
- Transfer of Tenancy
- Occupation Orders
!21/11/2023 07:00
Just Deserts? Unjust Enrichment for Family Lawyers
In the aftermath of many family relationship breakdowns, second only to complaints about bad behaviour, a pervasive sentiment arises: one party believes they have invested or contributed disproportionately to the family economy, family assets or businesses, leading to perceived unfairness.
- Journal
- Unjust Enrichment
!21/11/2023 07:00
Chair’s Column (Winter 2023)
Once again, I am very pleased to commend to you another issue of the Financial Remedies Journal packed with compelling and engaging material.
- Journal
!21/11/2023 07:00
Tech Corner: NeedsMet
Whether we like it or not, the age of ‘do-it-yourself’ divorce is here.
- Journal
- divorce
!21/11/2023 07:00
DOWNLOAD 2023 ISSUE 3 – Winter 2023 (PDF)
2023 Issue 3 (Winter 2023) is now available to download and read as a PDF. Click to download.
- Journal
!21/11/2023 07:00
The Thwaite Jurisdiction – A Stay of Execution?
The very existence of the Thwaite jurisdiction is controversial. Its origins are found in Thwaite v Thwaite [1981] 2 FLR 280.
- Journal
- 'Thwaite Jurisdiction'
!21/11/2023 07:00
Money Corner: Welcome Change to Capital Gains Tax Rules on Divorce
For many years, capital gains tax (CGT) has often been a major stumbling block in financial settlements. Transferring assets around could give rise to tax liabilities in the hands of the transferring spouse who is usually not receiving any sales proceeds with which to pay what is known as a dry tax charge.
- Journal
- Money Corner
!21/11/2023 07:00
AS v CS: What are the Consequences if the Court Has Not Mandated a Private FDR?
The duty of the court to direct that a financial remedies application must be referred to an FDR appointment is set out in FPR 9.15(4). The court must direct such a hearing unless: (1) the first appointment, or part of it, has been treated as an FDR appointment which has been effective; or (2) there are exceptional reasons which make a referral to an FDR appointment inappropriate.
- Journal
- Private FDR
!21/11/2023 07:00