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

• Gwynfor Evans

!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

• Charlotte John

!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

• HHJ Edward Hess | Chair of the Editorial Board

!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

• Alex Woolley

!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'

• Nicholas Allen KC
• Philip Tait

!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

• Simon Denton

!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

• Nicholas Allen KC

!21/11/2023 07:00

Financial Remedies: The Law Commission’s Scoping Project

On 4 April 2023, the Law Commission announced that it would be undertaking a project to review the current law governing financial remedies on divorce or dissolution of civil partnership.The purpose of the project is to determine whether there are problems with the current law that require reform, and what the options for reform might look like.

• Journal

• Financial Remedies

• Professor Nicholas Hopkins
• Christine Gentry
• Beth Payne

!21/11/2023 07:00

The Summary of the Summaries (Winter 2023)

Summaries beginning with Cummings v Fawn [2023] EWHC 830 (Fam) (Mostyn J): W’s appeal of a judgment, which had seen her held to a Xydhias agreement, was allowed on the basis that the first instance judge had not properly considered how W’s housing needs and debts could be met.

• Journal

• Henry Pritchard

!21/11/2023 07:00