Hadkinson Orders: the Need to Show Restraint

This article addresses ‘Hadkinson’ orders, in light of several recent cases handed down over a short period of time, highlighting the potential limitations as to their availability.

• Blog

• Hadkinson Orders

• Rebecca Cross
• Nicholas Starks

!17/04/2024 10:22

TK v LK [2024] EWFC 712 April 2024

Enormously helpful review of Sch 1 authorities re (i) the jurisdiction to make a Schedule 1 award after a clean break in divorce proceedings, (ii) the relevance of parental conduct in Schedule 1 proceedings, (iii) dependence and the reversion of capital and (iv) costs.

• Cases

• Conduct
• Child Maintenance
• Case Management
• Children Act 1989 Schedule 1 Applications
• Costs

• Elizabeth Bowden

AS v RS [2023] EWFC 283 (B)8 July 2023

District Judge Troy. Application by W for leave to bring a claim pursuant to Part III of the Matrimonial and Family Proceedings Act 1984.

• Cases

• Overseas Divorce and the 1984 Act
• Part III
• Foreign Assets

• Sophie Cullis

Conduct and Its Consequences: Goddard-Watts and TK v LK

In ‘Is It Time to Consign the “Gasp” Factor to the History Books?’, Olivia Piercy and Anita Mehta considered whether three decisions might herald a significant change in the courts’ approach to domestic abuse, including economic abuse and coercive and controlling behaviour, as ‘conduct’ that it would be ‘inequitable to disregard’. If there is a nascent consensus that it is time for a change in approach, that view may not be universally held.

• Blog

• Conduct

• Andrew Day

!15/04/2024 21:08

KFK v DQD [2024] EWFC 78 (B)3 April 2024

Recorder Rhys Taylor. Modest asset needs case. Issues in the case: add-back, adverse inference, beneficial interests, dishonesty, family loans and resources, nature of business assets (income vs capital resource), non-disclosure, presumption of advancement, treatment of debts, and witness credibility.

• Cases

• Disclosure
• Family Procedure Rules
• Chattels
• Costs

• Elizabeth Bowden