Introduction 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

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. Many practitioners will have experienced being sent

Introduction 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

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. The case of Tousi v Gaydukova [2024] EWCA Civ 203 entered a further level of complexity by relating to a foreign ‘marriage’ in the

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, perhaps reflecting the economic turbulence of recent years.

Some two years have now passed since the First Edition of the Galbraith Tables were published. Much has happened within this intervening period. We, 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

Executive summary 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.[[1]] In the case the judge’s actions were found to be an affront

On 6 March 2024, the Government announced a major overhaul of the regime for the taxation of non-doms in the United Kingdom (UK). 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

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

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.[[1]] This authority stems from the landmark case of Radmacher v Granatino [2010] UKSC 42, where

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

A conversation between Kay Firth-Butterfield and Rhys Taylor Rhys Taylor: Could you tell me about your current role please? Kay Firth-Butterfield: Currently, I run my own consultancy, education and thought leadership company called Good Tech Advisory through which I give speeches and help companies and countries think about their design,

When the Chancellor of the Exchequer received his copy of the Spring 2023 edition of the FRJ, I can only imagine how he chuckled when he reached page 19 and found an article titled ‘Pensions on Divorce – Lifetime Allowance [LTA] Tax Issues’. That was a 4-page article – submitted by George

Schedule 1 cases Like buses, cases on particular areas of law come along one after the other after what feels like a large gap of time. In this quarter, there are a number of interesting decisions relating to Sch 1 Children Act 1989. Re A v B (Schedule 1: Arbitral

BR v BR [2024] EWFC 11 (Peel J) When should a single joint expert (SJE) be instructed rather than two or more separately instructed experts in financial remedy proceedings? The default position is that, wherever possible, an SJE should be directed rather than giving permission for two or more experts

.jpeg) Whether you know her as ‘the Beyoncé of the legal world’[[1]] or ‘call me Brenda’ (as she modestly introduces herself), Baroness Hale of Richmond is an exceptional woman and an exceptional lawyer. The first woman from her school to go to Cambridge – at a time when only 2.