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To Advise or Not to Advise – An Abundance of Caution? What Limitations Can Be Imposed and What are the Parameters of a Family Law Solicitor’s Duty?

To Advise or Not to Advise – An Abundance of Caution? What Limitations Can Be Imposed and What are the Parameters of a Family Law Solicitor’s Duty?

‘I did not have the money, and she did not have the time’ said Joanne Lewis, during her evidence before HHJ Coe KC at a final hearing in November 2022 (with judgment handed down on 31 March 2023) to determine Mrs Lewis’ professional negligence claim against her matrimonial solicitors, Cunningtons

The Thwaite Jurisdiction – A Stay of Execution?

The Thwaite Jurisdiction – A Stay of Execution?

The very existence of the Thwaite jurisdiction is controversial. Thwaite, Benson and L v L Its origins are (unsurprisingly) found in Thwaite v Thwaite [1981] 2 FLR 280. A consent order was made for the transfer of the matrimonial home in England to the wife on the basis that she

Remarriage: Avoiding the Elephant Trap

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. It can be a messy topic, and it

The Pensions Ombudsman for Family Lawyers

The Pensions Ombudsman for Family Lawyers

Status of the Pensions Ombudsman The Pensions Ombudsman (TPO) is constituted under the Pension Schemes Act 1993 (PSA 1993). TPO may investigate and determine any complaint made to them in writing by or on behalf of an authorised complainant who alleges that they have sustained injustice in consequence of maladministration

Child Maintenance in Cases of Equal Shared Care

Child Maintenance in Cases of Equal Shared Care

The situation: two parents share childcare seemingly equally but there is a significant income imbalance. The issue: how is child maintenance determined? Does the Child Maintenance Service have jurisdiction? Does the Family Court have jurisdiction? Do neither? This article aims to address these questions, albeit in circumstances where the relevant

Non-disclosure, Occupation Orders and Transfers of Tenancy

Non-disclosure, Occupation Orders and Transfers of Tenancy

When a couple separates, either party may be able to apply for one or both of two powerful property-focused remedies. The first is an occupation order. This regulates occupation of a family home, permitting (perhaps with conditions) occupation by one or both parties and restricting, prohibiting and perhaps terminating occupation

Spousal Maintenance By Formula: The Canadian Experience

Spousal Maintenance By Formula: The Canadian Experience

Introduction The recent announcement by the Law Commission that it is conducting a review into the laws which determine how finances are divided on divorce has re-ignited the discussion as to whether the law on financial remedy provision in England and Wales should be reformed. One of the areas which