
IntroductionWhen the former President announced a number of years ago the ambition of creating a Financial Remedies Court, it was clearly stated that the intention was to produce a modern and efficient justice system. At the same time, there was a warning…
!22/04/2022 09:00
The main focus in cases under Schedule 1 to the Children Act 1989 is often on how to meet the housing needs of a child; understandably so, as it is usually the largest cost. It can also be the starting point for settlement as the type of property and loca…
!06/07/2022 07:07
In this article James Pirrie and Victoria Nottage explore the intersection between the without prejudice doctrine as it applies to mediation and the inquisitorial responsibilities of the court as bolstered by the new protocols.
!04/04/2025 07:00
As Mostyn J observed in Clarke v Clarke [2023] 2 FLR 1 at [36], Peel J’s oft-quoted summary of the law in WC v HC (Financial Remedies Agreements) (Rev 1) [2022] 2 FLR 1110 at [21] is an ‘impeccable synopsis of the jurisprudence applicable in financial remedy cases [which] has become justly famous’. Somewhat more colloquially, Peel J has himself said (with a smile) that he has heard his summary described as ‘the Noddy Guide’ to financial remedies.
!01/04/2025 10:20
What happens if the Child Maintenance Service has determined that a non-resident parent is required to pay child maintenance to the parent-with-care, but payments are also being made towards the mortgage secured on the property in which PWC still lives with the qualifying child/children? Does it matter if the property is jointly owned by NRP and PWC? Will those mortgage payments reduce the amount of child maintenance?
!29/11/2024 06:00
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