Financial Remedies Journal - 2023 Issue 2 | Summer
Issue 2 of 2023 was published in July 2023.
Download the whole Journal as a PDF (for free) below.
All articles in the Journal are also available individually.
In this issue
DOWNLOAD 2023 ISSUE 2 – Summer 2023 (PDF)
2023 Issue 2 (Summer 2023) is now available to download and read as a PDF. Click to download.
- Journal
!03/07/2023 08:00
Chair’s Column (Summer 2023)
A fond farewell to Mostyn J. In this issue of the Financial Remedies Journal we have decided to shine an approving and appreciative light on Mr Justice Mostyn, a great family lawyer and the greatest financial remedies lawyer of our age.
- Journal
!03/07/2023 08:00
Mr Justice Mostyn – An Appreciation on His Forthcoming Retirement
Cruel fate has cut short the judicial career of one of the greatest family lawyers of our times. He explains why in his article, ‘Sir Nicholas Mostyn shares his experience of living with Parkinson’s’ [2023] IFL 67. In the form of a revel…
- Journal
!03/07/2023 08:00
Interview with Mr Justice Mostyn – Rules and Woolly Discretion
Alexander Chandler KC interviews Mr Justice Mostyn.
- Journal
!03/07/2023 08:00
The Revised Standard Family Court Orders – In with the New
The standard orders project has a long history. The then President (Sir James Munby) first appointed a drafting group in 2013 under the leadership of Mostyn J to produce a comprehensive set of orders that it was intended would become mandatory in the Family Court and the Family Division…
- Journal
- Standard Family Orders
!18/05/2023 04:37
Reflections on the Recent Announcement by the Law Commission of a Review of Financial Remedies Law
On 4 April 2023 the Law Commission announced a ‘review of the laws which determine how finances are divided among couples after divorce’, targeted at producing a ‘scoping report’ in September 2024. The announcement carried an explanation of the task and the likely timetable.
- Journal
- Standard Family Orders
!03/07/2023 08:00
Fairness versus Certainty – Should the Matrimonial Causes Act 1973 be Amended to Restrict the Duration of Spousal Maintenance?
As part of the Law Commission’s review of the law concerning financial division upon divorce, announced on 4 April 2023, it will consider ‘how maintenance payments for an ex-spouse or civil partner should work’. The terms of reference se…
- Journal
- Spousal Maintenance (Quantum)
!03/07/2023 08:00
Living under an LSPO
Life in receipt of an LSPO is no bed of roses. This article reflects on this aspect in the context of the developing jurisprudence on such orders and to anticipate developments that might be required to make them manageable.
- Journal
- Legal Services Payment Orders
!05/06/2023 09:00
Goddard-Watts – The Second Sequel: Fraud Unravels All, Sometimes
The words ‘Goddard-Watts’ may cause a feeling of déjà vu for financial remedy practitioners. After their separation and divorce (in 2009 and 2010, respectively) the parties settled by consent the financial relief claims arising from the…
- Journal
- Fraud
!03/07/2023 08:00
Unilateral Assets and Short Marriages after E v L – Another White Leopard?
It was made clear by the Court of Appeal in Miller v Miller [2005] EWCA Civ 984, [2006] 1 FLR 151 that none of the pre-White v White [2000] UKHL 54, [2000] 2 FLR 981 so-called short marriage cases had survived the change in judicial approach that White heralded.
- Journal
- Duration of the Marriage
- Unilateral Assets
!03/07/2023 08:00
What Does Equality of Pension Capital Mean?
I started writing expert witness reports around 2005 and, right from the start, a regular question was, ‘Should we seek equality of income or equality of capital?’ Letters of Instruction regularly ask the expert to calculate ‘The pension…
- Journal
!03/07/2023 08:00
Pensions on Divorce – Standard Family Order Template and Short Marriages
This article deals with two points. The first relates to the publication of the new pension sharing order (PSO) template at paragraph number 95 in the Standard Family Orders suite. The second relates to the issue of short marriages in the context of pensi…
- Journal
- Standard Family Orders
- Duration of the Marriage
- Pensions on Divorce
!03/07/2023 08:00
Cohabitation Rights in England and Wales, Scotland and Australia
Across the globe, the composition of families is changing. No longer is marriage the definitive means for defining a family; we have seen the growth of other formalised relationship statuses such as registered partnerships and civil unions. The family outside marriage has now become a statistical reality and something that policymakers should not readily ignore.
- Journal
- Cohabitation
!03/07/2023 08:00
What Family Lawyers Need to Know about Valuing Mixed Property Portfolios in Financial Remedy Proceedings
Over the past decade, a number of cases have come before the Family Court involving property portfolios. These cases have ranged from the seminal case of Prest v Petrodel Resources Ltd & Ors [2013] UKSC 34 through to the case of ND (By her Litigation Friend) v GD [2021] EWFC 53, where provision for end-of-life care was in issue.
- Journal
- Compensation Principle
- Conflict of Law
- Financial Remedies
!03/07/2023 08:00
Has the Sign on the Blind Alley Been Lifted? The Possible Return of Compensation
The concept of compensation in financial remedy proceedings has, since its inception in 2006, been a divisive principle. On the one hand, it is a principle that underpins the very reason that the justice system exists: to compel restitution; on the other…
- Journal
- Compensation
!03/07/2023 08:00
Are You There ChatGPT? It’s Me, Charlotte – ChatGPT, Generative AI and the Law
Readers will probably have heard by now of OpenAI’s ChatGPT. Many of you will have experimented with it, or one of the other available generative artificial intelligence (AI) models such as Microsoft’s Bing. If you have not yet utilised any of these new technologies, you will very likely have read about them. This article is based on my experience with this novel technology, chiefly ChatGPT.
- Journal
- AI
!16/05/2023 12:57
DR Corner: Review of Do It Out of Court – A Practical Guide to Dispute Resolution Processes in Family Law
A review of the book by Karin Walker, from Law Brief Publishing (2023). This is a concise and informative book aimed at family law practitioners with little or no experience in out-of-court dispute resolution methods.
- Journal
- Alternative Dispute Resolution
- Book Review
- Out of Court Dispute Resolution Options
- DR Corner
!03/07/2023 08:00
Tech Corner: Everybody QWERTs – A Guide to Mechanical Keyboards
Oh, I’ve got good news and bad news, girls. The good news is your dates are here…After several issues worth of useful content, here I am again. This time I’ve abandoned all caution and decided to focus on the last thing you might consider…
- Journal
- Tech Corner
!03/07/2023 08:00
Money Corner: Mortgage Capacity from a Broker’s Perspective
The last 12 months has seen substantial changes in the mortgage market, the products that are available and adjustments to the way in which lenders assess affordability for mortgages.It has been widely reported that the interest rates on mortgages are cur…
- Journal
- Mortgage Capacity
- Money Corner
!03/07/2023 08:00
Financial Remedies Case Round-Up (Mid-January to mid-April 2023)
When Australian legislators introduced a statutory presumption that both parents should have a meaningful relationship with their child, applications to Australian family courts increased as parties thought their cases were the exceptions to the presumpti…
- Journal
!03/07/2023 08:00
The Summary of the Summaries (Summer 2023)
Summaries, beginning with HD v WB [2023] EWFC 2 (Peel J): pre-nuptial agreement challenged by husband on the basis that he did not understand its implications and that it would not meet his needs. Husband was successful on this second contention. He received a needs-based award, albeit only 4% of overall liquid assets.
- Journal
!03/07/2023 08:00
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