Delaying a Divorce Because of Financial Prejudice: The New No-fault Law and Practice

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.

• Blog
• Journal

• divorce

• Professor David Hodson OBE KC(Hons) MCIArb

!07/10/2024 22:10

Shariah Law – Marriage, Divorce and Financial Aspects

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 is needed. The cultural aspects have not been considered within the article, but should also be borne in mind when advising Muslim clients.

• Journal

• divorce

• Aysha Chouhdary

!01/07/2024 07:00

DR Corner: Introducing Assent: Combining Arbitration and Private FDRs in a Streamlined Process based on the FPR Directions

Anyone who has tried to arrange a Private Financial Dispute Resolution (pFDR) will be familiar with that sinking feeling when the process is slipping away. It starts with a low-level dispute over the judge, the date or the location of the hearing. Then a seemingly innocuous question about disclosure…

• FDRs
• Mediation
• arbitration
• divorce
• DR Corner
• Costs
• Financial Remedies
• Private FDR
• Alternative Dispute Resolution

• Zoë Bloom

!01/07/2024 07:00

A Reply to Baroness Deech’s Argument for Reform

A companion piece to Baroness Deech’s article, arguing against the call for reform of s 25(2) MCA 1973.

• Journal

• divorce
• Reasonable Financial Provision

• Samantha Hillas KC

!01/07/2024 07:00

Reform of Financial Provision on Divorce

After much hesitation and delay, both from the government and the profession, it seems that at last the Law Commission will set to reforming the law of financial provision on divorce. The significant problems of this area were addressed, but not completely resolved, in the Law Commission report Matrimonial Property Needs & Agreements.

• Journal

• divorce
• Reasonable Financial Provision

• Baroness Deech

!01/07/2024 07:00

SK v RR [2024] EWHC 1418 (Fam)1 May 2024

HHJ Moradifar. The primary issue in this case was forum and convenience, which arose from two sets of divorce proceedings.

• Cases

• Forum Conveniens
• divorce
• Jurisdiction

• Stephanie Coker

Fair Shares and the Financial Reality of the ‘Everyday’ Divorce

The Fair Shares research study provides the first nationally representative picture of the financial arrangements made by divorcing couples in England and Wales.

• Journal

• divorce

• Emma Hitchings
• Caroline Bryson
• Professor Gillian Douglas

!13/03/2024 07:00

The Other Half

Solicitors acting for clients in divorce and financial proceedings have a symbiotic relationship with those clients. They provide the solicitors with fees, which are the lifeblood of any law firm, and in turn the solicitors provide the clients with advice and legal representation at one of the most fraught periods of their life.

• Journal

• divorce

• Andrew Hogan

!21/11/2023 07:00

Tech Corner: NeedsMet

Whether we like it or not, the age of ‘do-it-yourself’ divorce is here.

• Journal

• divorce

• Alex Woolley

!21/11/2023 07:00

London – ‘Divorce Capital of the World’?

A speech placing a spotlight on the legislation which currently governs post-divorce financial awards in England and Wales, the Matrimonial Causes Act 1973, which marks its milestone 50th birthday this year.

• Blog

• divorce

• Mr Justice Cobb

!25/10/2023 09:43