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Beyond Thing 1 and Thing 2: Cryptoassets and the New Property Landscape

For almost 140 years, bright-eyed law students have been taught that the world of personal property contains only two species of thing: those which can be physically held, and those which can be enforced. Cryptoassets forced the issue.

Now out: Financial Remedies Journal 2026 Issue 1 (Spring 2026)

The new issue of the Financial Remedies Journal is now available.

Financial Remedies Journal – 2026 Issue 1 | Spring

2026 - Issue 1 - Spring

Chair’s Column (Spring 2026)

[2026] 1 FRJ 1. HHJ Edward Hess says farewell to Sir James Munby: 'the most inspirational figure I have come across in my legal and judicial career'.

Sir James Munby: an Obituary

[2026] 1 FRJ 2. Sir Nicholas Mostyn writes about the life of Sir James Munby, who died on 1 January 2026: "a great leader, a brilliant historian, a remarkable lawyer, and a superb writer".

Section 35: Dead Letter or Living Instrument? The Contractual Status of Agreements, and the Scope of the Court’s Power to Vary Them

[2026] 1 FRJ 5. This article reviews the legal status of agreements made between spouses, including their enforceability as actionable contracts, and the importance of the powers the courts have to vary or revoke such agreements.

Delaying Departure? Domicile in Divorce Cases

[2026] 1 FRJ 16. In Ramana v Kist Ramana [2025] EWCA Civ 1022, [2025] 4 WLR 120 the Court of Appeal was concerned with the question of how a domicile of choice may be lost. This article explores the arguments made at the hearing, the court’s decision and reasoning, and the likely implications.

The Lesser Known ‘Acquisition Constructive Trust’ after Khan v Khan [2025] EWCA Civ 1436 and Why Financial Remedy Lawyers Need to Know About It

[2026] 1 FRJ 19. When thinking of constructive trusts, most financial remedy lawyers will have in mind the common intention constructive trust. However, this is not the only type of constructive trust. The newly christened ‘acquisition constructive trust’ is one with which to become familiar.

Transactions Defrauding Creditors: Recent Cases

[2026] 1 FRJ 23. This article examines the nature of the Insolvency Act 1986 s 423 jurisdiction, its parameters and its practical application, as seen in the judgment of Harrison J in the Schedule 1 case of Re P (A Child) (Financial Provision: s 423 Insolvency Act 1986) [2025] EWHC 1460 (Fam).

Piercing Trust Structures in Switzerland in Aid of Financial Claims in England

[2026] 1 FRJ 26. Swiss courts possess domestic tools to pierce through foreign trust structures and make orders in respect of their underlying assets. This article examines what those tools are and how they may be deployed in aid of financial remedies proceedings in England.

Trusts in Divorce Proceedings: The Trustee’s Adviser’s Perspective

[2026] 1 FRJ 30. This article provides a perspective on trusts within English financial remedy proceedings, from the perspective of trustees and law firms in Jersey. These days, the view of offshore trusts as a vehicle for hiding assets from authorities, creditors and spouses is unlikely to be true.

Divorce and Financial Remedy Proceedings in Bermuda

[2026] 1 FRJ 35. Bermuda has a large expatriate community, with many guest workers on time-limited contracts, so family disputes often involve difficult jurisdictional questions, including the appropriate forum for divorce and a high number of applications for permission to remove children.

The Reluctant Pension Credit Member

[2026] 1 FRJ 39. In the case of AP v TP [2025] EWFC 190 (B) a financial remedy order was made by consent, following an FDR, which included a pension sharing order in W’s favour. Difficulties began when W failed to provide the necessary information to permit the pension share to be implemented.

Needs Must as the Devil Drives: An Analysis of Pension Sharing in Needs Cases

[2026] 1 FRJ 43. Despite PAG1 and W v H [2020] EWFC B10 stressing the importance of treating a case on its own facts, somehow a view developed that pensions should inevitably be divided to achieve equality of income in all ‘needs’ cases. The source is unclear, but it’s worth starting with PAG1.