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Tousi v Gaydukova [2024] EWCA Civ 203

Tousi v Gaydukova [2024] EWCA Civ 203

Sir Andrew McFarlane, Moylan LJ and Holroyde LJ. Transfer of tenancy under s 53 of the Family Law Act 1996: an appeal by the Husband of the decision of Mostyn J dismissing his appeal of an order for a transfer of tenancy on the basis that the parties’ ‘non-marriage’ status

Spring Budget 2024 Summary

Spring Budget 2024 Summary

Wednesday’s Spring Budget included a number of tax and benefits features that will impact divorcing couples. Whether it was a last chance saloon Budget for the Government, with tax reductions in an attempt to woo voters, or a prudent long-term strategy with a view to demonstrating careful management of

Applications for Leave Under MFPA 1984 Part III: Which Costs Rules Inform (or Govern)?

Applications for Leave Under MFPA 1984 Part III: Which Costs Rules Inform (or Govern)?

What costs rules apply to an application for permission/leave pursuant to the Matrimonial and Family Proceedings Act 1984 (‘MFPA 1984’) s 13? This was the discrete question asked – and answered – in AS v RS (Costs: Clean Sheet/General Rule) [2023] EWFC 284 (B) by District Judge Troy (which followed

What Is the True Extent of FDR Privilege?

What Is the True Extent of FDR Privilege?

In L v O (Stay of Order; Hadkinson Order; Security for Costs) [2024] EWFC 6 (26 January 2024) Cobb J considered whether a judge hearing a Barder (or Thwaite) application can/should be made aware of what took place at the FDR appointment where the original order was agreed and

Guideline Hourly Rates on Costs: Addendum

Guideline Hourly Rates on Costs: Addendum

In KS v VS (Judgment – Summary Assessment of Costs – Civil Guide) [2024] EWHC 278 (Fam) (12 February 2024), Arbuthnot J referred to H v GH [2023] EWFC 235, [2024] Costs LR 27 and the question raised by DHCJ Simon Colton KC as to the relevance or otherwise of the guideline

English EU-Equivalent Divorce Jurisdiction Clearly Out of Step With EU Law

English EU-Equivalent Divorce Jurisdiction Clearly Out of Step With EU Law

Summary When the UK left the EU, and new domestic legislation was needed to replace EU law, the UK government said in relation to divorce jurisdiction of England and Wales that it would follow, be the same as, the EU law. This was for very justifiable reasons of continuity and

The Intersection Between LSPOs and Economic Abuse

The Intersection Between LSPOs and Economic Abuse

Recent years have seen increasing awareness of economic abuse, and how the financial remedy process can be manipulated as a tool of such abuse. However, one aspect of this has had little attention: the intersection between economic abuse and LSPOs. The Domestic Abuse Act 2021 includes economic abuse within the