DOWNLOAD 2024 ISSUE 1 – Spring 2024 (PDF)
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Journal
Chair's Column (Spring 2024)
The Financial Remedies Journal now enters its third year, and this edition is fizzing with interesting comments and ideas.
Transparency and the FRC Pilot
One of the issues of the moment for family lawyers is the extent to which the press should be able to identify in public the names
Businesses in Financial Remedy Claims
‘Business’ is a term that covers a multitude of different structures. The most common are limited companies (whether public or private), partnerships and sole traders. There is obviously a big difference between a multinational PLC and a sole-trading plumber. The courts will treat different businesses in different ways.
This article
Fair Shares and the Financial Reality of the ‘Everyday’ Divorce
Introduction
The Fair Shares research study provides the first nationally representative picture of the financial arrangements made by divorcing couples in England and Wales.
While approximately 100,000 couples divorce each year, of these only around one-third leave the marriage with a court order in relation to finances, with the
Potanin v Potanina – the Supreme Court Decision
Background
On 31 January 2024 the Supreme Court handed down the much-awaited judgment in Potanina v Potanin [2024] UKSC 3. These proceedings relate to financial claims which can be brought in England for financial provision after an overseas divorce. Although the parties in this case have been described as ‘massively
Non-matrimonial Assets – The New ‘Conduct’?
In the recent decision of RN v DA [2023] EWFC 255 (HHJ Vincent – 30 November 2023) the court was faced with an application by a wife to rescind a decree nisi that had been pronounced in 2012. The husband, conversely, had applied for the decree to be made absolute.
The
Financial Dispute Revolution? The Family Procedure (Amendment No 2) Rules 2023
There was a time when an unwritten rule seemed to provide that a marriage could only be described as long once the parties had celebrated their china anniversary and entered a third decade together, but times change, and so eventually do some rules. On any view, however, 20 years is