Financial Remedies
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The Winds of Change – Case Management and the Financial Remedies Court
Once upon a time, not so long ago, ‘ancillary relief’ was something of a legal backwater. Cases were determined solely by reference to ‘reasonable requirements’. Procedural rules, to the extent they existed, were short and loosely applied. Parties filed narrative affidavits of means and answered requests for further and better particulars.
- Journal
- Procedure
- Financial Remedies
!22/11/2024 06:00
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Enhancing Public Understanding of Financial Remedies on Divorce
Why is it that lawyers think that the principles underpinning financial remedies are clear, and yet the public are often perplexed? The issue is one of communication, or rather translating the law into plain English.
- Blog
- Public Understanding
- Financial Remedies
- Client Communication
!20/09/2024 09:44
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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
!01/07/2024 07:00
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The A to Z of Financial Remedies Abbreviations
Family law and particularly financial remedy cases involve a wealth of acronyms, initialisms and abbreviations. This can be daunting particularly for trainees, junior practitioners and clients alike when they are beginning to navigate this process. The glossary below sets out some of the most common terms used by solicitors, barristers, judges and the court and is intended to function as a user-friendly aide-memoire to some of the more common expressions to be found in this area of law.
- Blog
- Financial Remedies
!09/05/2024 15:31
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Businesses in Financial Remedy Claims
'Business' is a term that covers a multitude of different structures. The most common are limited companies (whether public or private), partnerships and sole traders. The courts will treat different businesses in different ways.
- Journal
- Sharing Principle
- Business
- Companies
- Business Assets
- Financial Remedies
- Expert Evidence
- Case Management
- Business Valuation
- Valuations
!13/03/2024 07:00
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A Crib Sheet for those New to Financial Remedies Practice
By way of an extract from Polly Morgan's Family Law (OUP, 2nd edn, 2024), we present an aide memoire of the relevant principles and practicalities for the new financial remedies practitioner.
- Journal
- Financial Remedies
!13/03/2024 07:00
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Financial Remedies: The Law Commission’s Scoping Project
On 4 April 2023, the Law Commission announced that it would be undertaking a project to review the current law governing financial remedies on divorce or dissolution of civil partnership.The purpose of the project is to determine whether there are problems with the current law that require reform, and what the options for reform might look like.
- Journal
- Financial Remedies
!21/11/2023 07:00
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Remarriage: Avoiding the Elephant Trap
This article is a practical guide to the legal consequences of a second (/third/fourth/fifth, etc) marriage, to assist when advising clients how to avoid falling into the ‘elephant trap’ of premature remarriage – a term coined by the late Singer J.
- Journal
- Divorce Application
- Remarry
- Remarriage
- Financial Remedies
!21/11/2023 07:00
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The Financial Remedies Court: A Year in Review
Peel J argues that the FRC is generally in very good order and a flagship of the family law world, the only cloud being the ongoing struggle with the contested portal.
- Journal
- Financial Remedies
!27/09/2023 14:09
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Financial Remedies Practice 2023/24 – a Review
A review of Financial Remedies Practice 2023/24, by Kathryn Cassells, Senior associate, Vaitilingam Kay.
- Blog
- Financial Remedies
- Book Review
!05/09/2023 21:56