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.
!04/10/2024 08:00
This blog piece has been timed to coincide with the publication, on 8 October 2024, of the report by Resolution on ‘Domestic Abuse in Financial Remedy Proceedings’. This groundbreaking report delves into the interplay between domestic abuse and the treatment of finances on separation and divorce/dissolution, and how domestic abuse is addressed in other financial proceedings.
!08/10/2024 12:45
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.
!07/10/2024 22:10
Recorder Rhys Taylor in financial remedy proceedings makes findings in favour of the wife as to the date of separation of the parties.
Mr Stephen Trowell KC. The husband and wife made competing applications for an order for sale in respect of the matrimonial home and a yacht. The court found that the wife did not have a beneficial interest in the matrimonial home and ordered the property to be sold. The wife’s application to sell the yacht was unsuccessful as it belonged to a company, AB, who had not been joined to the proceedings.
message