A v M (No 3) [2024] EWFC 29925 October 2024

Cohen J. Application by H to strike out W’s application to set aside a final order in financial remedies proceedings on the ground of H’s misrepresentation.

• Cases

• Disclosure
• Conduct
• Striking Out Applications
• Setting Aside Orders (Including Barder Applications)

• Olivia Currie

Abigail Laura Williams v Andrew John Williams [2024] EWFC 2756 August 2024

Final order of Moor J in financial remedy proceedings involving a husband who had continually breached court orders, failed to attend hearings, and provided unreliable and ‘demonstrably untrue’ evidence.

• Cases

• Non-Disclosure
• Adverse Inferences
• Freezing Injunctions
• Conduct
• Legal Services Payment Orders
• Disclosure from Third Parties

• Jemima Kearney

N v J [2024] EWFC 18415 July 2024

Peel J’s view is that it is unlikely that domestic abuse would have a material impact on the vast majority of financial remedy cases, such that it would need to be litigated. Peel J uses the case of N v J to address the interplay between domestic abuse and conduct in the context of financial remedy proceedings.

• Cases

• Conduct
• Civil Partnerships

• Elizabeth Bowden

Is the Current Approach to ‘Conduct’ in Financial Remedy Proceedings in Need of Reform?

The significance and role of marital misconduct in proceedings for financial relief on divorce has had a long and varied history in family law. This article explores that history and the evolving significance of conduct within the litigation process and poses the question whether the current approach to conduct under s 25(2)(g) Matrimonial Causes Act 1973 is in need of reassessment.

• Journal

• Conduct

• Femi Ogunlende

!04/10/2024 08:00

DH v RH (No 4) (Costs) [2024] EWFC 11424 May 2024

MacDonald J. Costs judgment following hearing in contentious case involving costs amounting to 23% of the assets.

• Cases

• Conduct
• Costs
• Add-Backs

• Polly Morgan | Case Editor

A v R [2024] EWFC 218 (B)5 August 2024

This judgment by DJ Dodsworth examines the legal principles relevant to raising conduct arguments in financial remedy proceedings.

• Cases

• Domestic Abuse
• Conduct

• Ashleigh Herbert

UD v TQ [2024] EWFC 119 (B)26 April 2024

HHJ Hess. Final hearing in case involving footballer. Application of *Moher* in light of H’s misconduct and attachment of earnings order made to secure maintenance.

• Cases

• Child Maintenance
• Conduct
• Costs
• Disclosure from Third Parties
• Enforcement

• Polly Morgan | Case Editor

N v J: the Last Word on Domestic Abuse as Conduct?

On Monday last week, in In N v J [2024] EWFC 184 (15 July 2024), Mr Justice Peel handed down the most recent authority on pleading conduct pursuant to s 25(2)(g) of the Matrimonial Causes Act 1973. Those interested in this area have been keen to see whether Mr Justice Peel, as the Lead Judge of the Financial Remedies Court, would move the dial either in terms of procedure, or the application of the substantive law. Like all of Mr Justice Peel’s judgments, it is erudite, comprehensive and concise. It is also timely.

• Blog

• Domestic Abuse
• Conduct

• Samantha Hillas KC
• Olivia Piercy
• Anita Mehta

!24/07/2024 10:05

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

Xanthopoulos v Rakshina [2024] EWCA Civ 848 February 2024

King, Bean and Moylan LJJ. Epic saga of litigation concludes with the Court of Appeal substituting a final order made in Part III proceedings.

• Cases

• Part III
• Housing Need
• Conduct
• Costs
• Appeals
• Needs

• Kieran Ball