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Brake & Anor v Guy & Ors [2022] EWHC 1746 (Ch)

Judgment date: 11 July 2022 https://www.bailii.org/ew/cases/EWHC/Ch/2022/1746.html HHJ Paul Matthews. Application for a third party debt order (TPDO; formerly a garnishee order) against the trustees of Mr Brake’s SIPP. The debt was in relation to the costs of litigation lost

Where Next for Cohabitation Reform in England and Wales?

Where Next for Cohabitation Reform in England and Wales?

On 4 August 2022, the Women and Equalities Committee of the UK Parliament handed down their eagerly anticipated Report on the Rights of Cohabiting Partners, available here⁠). It called for the introduction of opt-out protections upon relationship breakdown, legal provision following an intestate succession, and public awareness campaigns to tackle

Goodyear v Goodyear (Deceased) [2022] EWFC 96

Judgment date: 12 August 2022 https://caselaw.nationalarchives.gov.uk/ewfc/2022/96 HHJ Farquhar. Application by the husband to set aside a pension sharing order (‘PSO’) following the death of the wife. The application was opposed by the executor’s of the wife’s estate. The fundamental issue was

Family Law – Not the Poor Relation

Family Law – Not the Poor Relation

Paper delivered (remotely from France) by Hon Mr Justice Mostyn to the 19th National Family Law Conference, Adelaide, South Australia, on Tuesday 16 August 2022. 1⁠. My proposition is that family law is not the poor relation when it comes to resolving complex financial issues between adults who happen to

X v Y [2022] EWFC 95

Judgment date: 15 August 2022 https://caselaw.nationalarchives.gov.uk/ewfc/2022/95 HHJ Hess. Financial remedy judgment in which the wife’s capital claims were adjourned for a decade in view of dishonest fabrication of bank statements by H and uncertainty as to assets. Judgment published ‘to draw wider

Pension Advisory Group II update and consultation

Pension Advisory Group II update and consultation

In July 2019 the Pension Advisory Group was pleased to publish its report ‘A Guide to the Treatment of Pensions on Divorce’, partially funded by the Nuffield Foundation.[[1]] This publication was expressly endorsed in the Foreword by the President of the Family Division and had the professional sponsorship of

A New Weddings Law Is Not a Panacea for Unmarried Couples

A New Weddings Law Is Not a Panacea for Unmarried Couples

Last month, the Law Commission Report ‘Celebrating Marriage: A New Weddings Law’ proposed far reaching changes to create equality of treatment of different religions and allow a wedding day to truly represent the wishes of the couple and their families. This is of course welcome news. However, in this update,