Executive summary There can be real loss and prejudice in some divorce cases if the final divorce order, previously the decree absolute, is granted before the final financial settlement and its implementation in circumstances when the paying party then dies. Automatic entitlement to pensions, the primary circumstance, but also insurance

Part one: the preliminaries I remember vividly the very first time I made an application for a Hemain injunction. The application, made in the Central Family Court, was on behalf of a party seeking an English divorce in circumstances where the other party, who had issued proceedings elsewhere, had applied

Prior to 1844, ‘incorporation’ was only possible by Royal Charter, or by a private Act of Parliament. However, since neither Queen Victoria nor Robert Peel (the Prime Minister at the time) liked paperwork very much, an ‘Act for the Registration, Incorporation, and Regulation of Joint Stock Companies’ was drafted and

Introduction I am an accredited expert witness and am instructed on 40 to 50 matrimonial cases each year. A significant number of these instructions are as single joint expert (SJE) or party expert providing an opinion on the valuation of a business or shareholding. I also act in cases requiring

‘The valuation of private companies is a matter of no little difficulty.’[[1]] The definition of ‘value’ is the present value of expected future net economic benefits to be generated by an asset. This definition alone gives an indication as to the complexities in arriving at a reasonable value of

On 13 June 2024 a packed Lady Chief Justice’s Court was the scene of affectionate tributes to Mrs Justice Roberts, known to all as Jenny, who died on 10 June 2024. The sadness evident on that occasion and in writing an obituary for Jenny is mingled with the pleasure

Family judges don’t have it easy. When the combined wisdom of a thousand cases leads to the identification of a particular problem, what are they to do about it? Publishing a judgment provides the most obvious and immediate answer. But often such pleas resemble the proverbial pebble dropped into

The fusion of family law and cutting-edge technology is no longer a distant prospect – it’s a reality that will reshape the way legal services are delivered. In this article, Victoria Nottage and Amanda Bell argue that not only will technology bring positive changes to the ways that lawyers provide

It is often said that ‘valuation is an art, not a science’. Whilst it is undoubtedly true that value is in the eye of the beholder the reference to art rather than science should not be taken as meaning there are not right and wrong ways to approach the valuation

Property plays a key role within our family lives. Moreover, we may tend to perceive that there is something inherently ‘special’ about the family, which means that it – and the property associated with it – should be set apart, and treated differently, to the various forms of partnership located within other

These are the noteworthy case-law developments since the last issue went to press in April 2024. Importance of the FDR In the last issue, we discussed the new FPR 3.4(1A) and FPR PD 3A, which contains powers to encourage parties to pursue non-court dispute resolution (NCDR) and adjourn

TY v XA [2024] EWFC 96 (Moor J) Ripples from the decision in Potanin v Potanina [2024] UKSC 3. Moor J reiterated that Potanin had not changed the basic test for the grant of leave to apply for financial relief under Part III MFPA 1984, which should from now on

Nigel Shepherd is a former partner and national head of Family Law at Mills & Reeve, retiring as a consultant at the firm in October 2024. He was national Chair of Resolution 1995–1997 and again 2016–2018, the only person to have held that role twice and was given