Chair’s Column (Summer 2024)

I am delighted to see from a perusal of the latest statistics on the use of the range of FRC-related resources on the FRJ website that the vision of providing the ‘go to’ place for financial remedies practitioners has become a reality.

• Journal

• HHJ Edward Hess | Chair of the Editorial Board

!01/07/2024 07:00

Reform of Financial Provision on Divorce

After much hesitation and delay, both from the government and the profession, it seems that at last the Law Commission will set to reforming the law of financial provision on divorce. The significant problems of this area were addressed, but not completely resolved, in the Law Commission report Matrimonial Property Needs & Agreements.

• Journal

• divorce
• Reasonable Financial Provision

• Baroness Deech

!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

Source not Title: Some First Reflections on Standish

On 15 and 16 November 2023, Standish v Standish came before a Court of Appeal comprising King, Moylan and Phillips LJJ. 189 days later, Moylan LJ delivered the court’s unanimous decision: Mrs Standish’s (‘W’) appeal was dismissed, and Mr Standish’s (‘H’) appeal allowed, subject to the matter being remitted for a needs-based assessment of W’s claims.

• Journal

• Matrimonial and Non-Matrimonial Property
• Matrimonialisation

• Calum Smith

!31/05/2024 09:32

Your House, My Mortgage: The Decision in Re A and B

Can the Family Court order a party to take out and pay a mortgage in order to meet the other party’s housing needs?

• Journal

• Housing Need

• Michael Horton KC

!16/05/2024 10:10

Child Maintenance by the Back Door? Mortgages and Schedule 1 Children Act 1989

Following the successful appeal of the arbitral award in LT v ZU [2023] EWFC 179, the decision has been reversed in the further appeal to the High Court ([2024] EWHC 778 (Fam)). LT v ZU is significant as it provides authority to permit a court to require a party to take out a mortgaged loan to provide housing pursuant to Sch 1; and pay the monthly mortgage instalments in cases where the court has no jurisdiction to make periodical payments. The father is seeking permission to appeal.

• Journal

• Child Maintenance

• Dominic Brazil
• Anu Lal

!16/05/2024 10:26

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

Proving Foreign Law in Financial Remedy Proceedings

Foreign law often rears its head in financial remedy proceedings with an international element. Issues of foreign law need not cause panic or confusion provided they are identified and appropriately case managed early in the proceedings. The trouble is, often they are not.

• Journal

• Foreign Assets

• Roxane Reiser

!01/07/2024 07:00

Shariah Law – Marriage, Divorce and Financial Aspects

This article focuses on the different types of Islamic/Shariah divorce, the overlap with civil law and the relevant financial implications. Many Muslim clients experience marital breakdown in this jurisdiction, so it is useful to gain a better understanding of the issues they face and the holistic advice that is needed. The cultural aspects have not been considered within the article, but should also be borne in mind when advising Muslim clients.

• Journal

• divorce

• Aysha Chouhdary

!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

Where there’s a Wells there’s a Way

The 2018 Court of Appeal judgments in Versteegh v Versteegh [2018] EWCA Civ 1050 and Martin v Martin [2018] EWCA Civ 2866 appeared to signal that Wells sharing was falling out of favour. More recently, however, judges seem more open to it.

• Journal

• Wells Sharing

• Richard Kershaw
• Anna Roiser

!01/07/2024 07:00

Galbraith Tables v2: Why they Have Changed

Some two years have now passed since the First Edition of the Galbraith Tables were published. Much has happened within this intervening period. The authors felt the need to produce a revised edition. This article discusses what has changed and why it has proved necessary for the new version to be produced.

• Journal

• Galbraith Tables

• Jonathan Galbraith
• Chris Goodwin

!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

The Origin, History and Present Status of the Principal Registry of the Family Division

Everyone knows that Baroness Butler-Sloss ascended from the rank of Registrar at Somerset House to President of the Family Division via the High Court and the Court of Appeal. Wikipedia states, ‘She was appointed a Registrar at the Principal Registry of the Family Division in 1970’. We will show that this is not quite right. In 1970 the Principal Registry of the Family Division did not exist.

• Journal

• Sir James Munby
• Sir Nicholas Mostyn

!01/07/2024 07:00

Implications of the Changing Non-domicile Regime

On 6 March 2024, the Government announced a major overhaul of the regime for the taxation of non-doms in the United Kingdom. These changes will impact all high net worth UK residents whose domicile for tax purposes is outside the UK (‘non-doms’) but may have a particularly significant impact on non-doms divorcing in the UK.

• Journal

• Domicile

• Sofia Thomas
• Josephine Kensah

!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

• Dr 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

DR Corner: Introducing Assent: Combining Arbitration and Private FDRs in a Streamlined Process based on the FPR Directions

Anyone who has tried to arrange a Private Financial Dispute Resolution (pFDR) will be familiar with that sinking feeling when the process is slipping away. It starts with a low-level dispute over the judge, the date or the location of the hearing. Then a seemingly innocuous question about disclosure…

• FDRs
• Mediation
• arbitration
• divorce
• DR Corner
• Costs
• Financial Remedies
• Private FDR
• Alternative Dispute Resolution

• Zoë Bloom

!01/07/2024 07:00

Tech Corner: Ethical AI for Family Lawyers

A conversation between Kay Firth-Butterfield and Rhys Taylor.

• Journal

• Tech Corner
• AI
• Professional Ethics

• Kay Firth-Butterfield
• Rhys Taylor | Vice Chair of the Editorial Board & Journal Editor

!01/07/2024 07:00

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

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

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

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