Thwaite – The Jury Remains Out
[2026] 2 FRJ 99. Does the Thwaite jurisdiction still exist? If it does, what is its appropriate scope? The Court of Appeal will be required to decide.
Latest
Sarah Jane Thirsk v Henry Stamford Thirsk & Ors [2026] EWHC 1501 (Ch)
https://caselaw.nationalarchives.gov.uk/ewhc/ch/2026/1501
Cross-examination in Financial Remedy Claims
[2026] 2 FRJ 88. 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.
B v B (Declaration as to Marital Status) [2026] EWHC 1317 (Fam)
David Rees KC (sitting as a deputy judge of the High Court). The husband sought a declaration of marital status under s 55 of the Family Law Act 1986, asserting that the parties’ customary marriage under Cameroonian law had been dissolved by a customary divorce.
AGS v RKS [2026] EWFC 104 (B)
DJ Guirguis. Unsuccessful application for an LSPO where the applicant husband's financial remedy claim appeared weak, his disclosure was inadequate, and he remained subject to substantial outstanding liability under a POCA confiscation order.
A Fairer End? Gaps in the Government’s Nuptial Agreement Proposals
On 5 June 2026, the Government published A Fairer End to Relationships, proposing comprehensive reform of the financial consequences of both divorce and separation for unmarried couples. This piece focuses on the Government’s plan to introduce binding qualifying nuptial agreements (QNAs).
50 Years on from Martin v Martin 1976 – Are Add-backs Fit for Purpose?
[2026] 2 FRJ 94. 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.