Now out: Financial Remedies Journal 2026 Issue 2 (Summer 2026)

Links to individual articles in the issue are below.

Chair’s Column (Summer 2026) [2026] 2 FRJ 87 – HHJ Edward Hess. The Chair of the Editorial board highlights three of the articles in this issue, noting that different members of the FRJ Editorial Board have different views on topical legal issues relevant to financial remedies practitioners.

Cross-examination in Financial Remedy Claims [2026] 2 FRJ 88 – Alexander Chandler KC. Cross-examination can have a material impact on the court’s findings of fact and determination of issues. This article is written for the occasional cross-examiner, as an aide mémoire of the rules, as a guide to doing the job well.

50 Years on from Martin v Martin 1976 – Are Add-backs Fit for Purpose? [2026] 2 FRJ 94 – Geoffrey Kingscote KC, Claire Blakemore and Anita Mehta. Add-backs were a useful mechanism to prevent one party’s unilateral dissipation of assets which unfairly prejudiced the non-dissipating spouse’s share. But something has gone wrong when the outcomes deviate too far from what the average person considers fair.

Thwaite – The Jury Remains Out [2026] 2 FRJ 99 – Nicholas Allen KC. Does the Thwaite jurisdiction still exist? If it does, what is its appropriate scope? The Court of Appeal will be required to decide.

Costs and Calderbank Offers: The Current Landscape [2026] 2 FRJ 107 – Victoria Flowers and Eva Stuart. What can be done to protect clients from escalating costs arising from uncooperative behaviour and inflexible positions? This article considers considers costs orders, the extent to which Calderbank offers still serve a purpose, and practical considerations for practitioners.

Costs in Needs Cases: Persistent Reluctance [2026] 2 FRJ 111 – Philip Tait. Courts remain reluctant to make costs orders in needs cases notwithstanding significant reform in recent years. This should change.

Keep Calm and Carry on: A v M in a Wells World [2026] 2 FRJ 114 – Thomas Rodwell, Ben McGeoch and Joseph Bolger. This article takes a closer look at how Carry was shared in the cases of A v M and ED v AP, and the different approaches adopted for its assessment. It concludes by proposing an alternative method by which Carry can be shared when the timing of future receipts is unknown.

Maybe Compensation Isn’t What You Think [2026] 2 FRJ 118 – Dr Lucy Crompton. The compensation principle set out in Miller; McFarlane is the logical next step in ending discrimination between different but equal contributions. Compensation is a vehicle to alleviate post-divorce disparity, to give both spouses an equal start on the road to independent living.

‘Fair to Us’: Legal Myths and Privately Negotiated Financial Settlements [2026] 2 FRJ 123 – Dr Donna L Crowe-Urbaniak. This article draws on qualitative research with divorced women to examine how cultural narratives about fairness, ownership and entitlement replace legal principles in privately negotiated settlements.

What is a Pension and Why Does it Matter? [2026] 2 FRJ 128 – Beverley Morris and Jonathan Galbraith. In the absence of a definition accepted by all in the family law sphere, do we fall into error in a strict categorisation of this complex asset category?

Uncertain Futures in Pensions Enforcement – What happened to Blight v Brewster? [2026] 2 FRJ 132 – Adrian Barnett-Thoung-Holland. The remedy in Blight v Brewster has been partially overridden by the decision in Manolete Partners Plc v White. While the original remedy appears to remain in existence, it seems to be no longer an attractive method of enforcement.

Tempering the Wind to the Shorn Lamb – Equity’s Role in Defending Victims of Economic Abuse from Creditor Claims: Part 1 - Undue Influence [2026] 2 FRJ 137 – Charlotte John. This article is the first of a two-part series highlighting equitable doctrines that present options for defending the victim and the family home against the claims of commercial mortgage lenders and trustees in bankruptcy – or at least mitigating the damage.

Contract for Family Practitioners – Things You Thought You Could Safely Forget [2026] 2 FRJ 143 – Chris Bryden. Financial remedies is one of the few areas of law in which one needs at least a working knowledge of numerous other areas of law. This article considers issues of contract law and scenarios where they have arisen, often in conflict with the court’s overarching jurisdiction.

Cohabitation Law Reform – Perspectives North and South of the Anglo-Scottish Border [2026] 2 FRJ 147 – Elizabeth Darlington, Graeme Fraser and Susie Mountain. This article outlines the current relief available for cohabitants in the English and Scottish jurisdictions, the likely direction of travel for legislative reform and what we are likely to be left with. Will the Berwick man have greater clarity, or be even more confused?

The Great Marinos/Munro Debate in Divorce – Beheaded or Survived? [2026] 2 FRJ 151 – Michael Allum and Max Turnell. Prior to March 2001, there were only two grounds of jurisdiction for divorce in England and Wales: effectively, sole domicile and/or one year’s continuous habitual residence. In March 2001, the grounds of jurisdiction changed to broadly align with those of other contracting states.

A Light-hearted Reminder of the Core Duties, Professional Obligations and Ethical Concerns that Daily Occur in FR Work [2026] 2 FRJ 156 – Abigail Clements-Bewley, Lillian Garnier, Jessica Holloway and Katie Stephens. This article explores the various ethical considerations which any family finance practitioner should bear in mind within their daily practice, via a scenario envisioned to amplify the potential challenges we face and how they intertwine with the Regulatory Code of Conduct.

From Barrister to Neutral – Building a Practice in Non-Court Dispute Resolution [2026] 2 FRJ 160 – Tristan Harvey. The author explains how he came to develop a practice in non-court dispute resolution, how he made the transition, and shares some reflections for anyone thinking about doing the same.

In Memory of Matthew Brunsdon-Tully, 3.6.1984 – 31.3.2026 [2026] 2 FRJ 163 – Lily Mottahedan. Matthew Brunsdon-Tully left us too soon, aged only 41. But people will remember a truly remarkable human being: a first-class lawyer and a proud Welshman and cricketer, with an infectious sense of humour, a contagious laugh and a brilliant, albeit restless, mind.

Money Corner: Non-disclosure Agreements – Not Applicable in Financial Remedy Proceedings [2026] 2 FRJ 164 – Roger Isaacs. It is entirely understandable that business owners are protective of commercially sensitive information. However, the clauses typically found in standard NDAs are generally incompatible with court proceedings, seeking to impose obligations to which no SJE could agree to be bound.

DR Corner: The Psychology of Divorce: Integrating Psychological Theory, Family Law and Interdisciplinary Practice [2026] 2 FRJ 166 – Dr Freda V Gardner and Stephen Wildblood KC. This article brings together psychological theory, empirical research and developments in family law concerning children and financial arrangements to examine divorce as an integrated legal and psychological process, and mediation, collaborative law and child focused reform initiatives.

Tech Corner: Artificial Intelligence in Financial Remedy Practice: Opportunity, Risk and Professional Responsibility [2026] 2 FRJ 170 – James Evans. AI appears well suited to financial remedy practice because it can process information quickly and present it neatly. Yet the risks matter more, because an error is rarely just an error. It becomes part of a case theory, a negotiation position or a document placed before the court.

Important Recent Case Developments (Mid-January 2026 to end April 2026) [2026] 2 FRJ 173 – Polly Morgan. Noteworthy case law developments since the last issue went to press in March 2026. Not all of them are citable as precedent, but they are all informative and a good demonstration of the cases being heard up and down the country.

The Summary of the Summaries (Summer 2026) [2026] 2 FRJ 175 – Liam Kelly. Summaries of cases including Kars v Brown & Ors [2026] EWHC 31 (Fam), MM v FF (Maintenance: Scope of EU Withdrawal Agreement) [2026] EWFC 1, LP v MP [2026] EWFC 36 and LP v MP [2026] EWFC 36.

Interview with District Judge Lynda Ashworth [2026] 2 FRJ 177 – Helen Brander. As March 2026 drew to a close, the only district judge dealing purely with financial remedies in England and Wales, District Judge Lynda Ashworth, chose to retire from full-time judicial work. She was interviewed in late February about her life, practice and judicial career.