Financial Remedies
Trusts in Financial Remedy Proceedings
When studying for my A level in English literature I never quite worked out who Myrtle Brown was, nor whether Laurel was her sister or Ivy Neversere a friend of theirs. In History I studied the period when Milton was writing but I never found their names mentioned in the history books either.
- Journal
- Sharing Principle
- Financial Remedies
- Trusts
!18/03/2025 06:00
Financial Remedies – Next Steps on the Road to Reform?
On 18 December 2024 the Law Commission published its Scoping Report on financial remedies on divorce and dissolution. The Scoping Report sets out their findings that the current law does not provide a cohesive framework in which couples going through a divorce can expect fair and sufficiently certain outcomes.
- Journal
- Reform
- Maintenance
- Conduct
- Law Commission
- Pensions
- Nuptial Agreements
- Financial Remedies
!18/03/2025 06:00
When the Wife Becomes a Widow: The Effect of Death on Financial Provision Claims
In this world, nothing can be certain except death and taxes.’ So Benjamin Franklin is said to have written to Jean-Baptiste Le Roy. Taxes and their impact are usually closer to the front of the minds of those going through divorce or a dissolution of a civil partnership, but occasionally death can rear its head, and cause significant disruption to those anticipating or venturing into a new structure to their lives following the breakdown of their family.
- Journal
- Personal Representatives
- divorce
- Death
- Financial Remedies
- Wills
- Intestacy
- Inheritance
!18/03/2025 06:00
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
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
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
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
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
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
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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