Journal

Are We Clear? Transparency and the TIG Financial Remedies Sub-Group Report

Are We Clear? Transparency and the TIG Financial Remedies Sub-Group Report

Many meetings, much discussion and a fish ’n’ chips (working) lunch later, the conclusions of the Financial Remedies Sub-Group (the Sub-Group) of the Transparency Implementation Group (TIG) were published in April 2023. Established by the President of Family Division and led by HHJ Stuart Farquhar, a group of 13 – judges,

Just Deserts? Unjust Enrichment for Family Lawyers

Just Deserts? Unjust Enrichment for Family Lawyers

In the aftermath of many family relationship breakdowns, second only to complaints about bad behaviour, a pervasive sentiment arises: one party believes they have invested or contributed disproportionately to the family economy, family assets or businesses, leading to perceived unfairness. Whilst statute provides a framework within which such considerations can

The Jurisdiction of the Family Court to Determine Property Disputes in Favour of Third Parties

The Jurisdiction of the Family Court to Determine Property Disputes in Favour of Third Parties

Introduction The Family Court does not have Trusts of Land and Appointment of Trustees Act 1996 (TLATA)[[1]] jurisdiction.[[2]] This creates a particular problem for proceedings in a Family Court which is not also a county court, most obviously the Central Family Court (CFC) in London. This article, although

To Advise or Not to Advise – An Abundance of Caution? What Limitations Can Be Imposed and What are the Parameters of a Family Law Solicitor’s Duty?

To Advise or Not to Advise – An Abundance of Caution? What Limitations Can Be Imposed and What are the Parameters of a Family Law Solicitor’s Duty?

‘I did not have the money, and she did not have the time’ said Joanne Lewis, during her evidence before HHJ Coe KC at a final hearing in November 2022 (with judgment handed down on 31 March 2023) to determine Mrs Lewis’ professional negligence claim against her matrimonial solicitors, Cunningtons

The Thwaite Jurisdiction – A Stay of Execution?

The Thwaite Jurisdiction – A Stay of Execution?

The very existence of the Thwaite jurisdiction is controversial. Thwaite, Benson and L v L Its origins are (unsurprisingly) found in Thwaite v Thwaite [1981] 2 FLR 280. A consent order was made for the transfer of the matrimonial home in England to the wife on the basis that she

Remarriage: Avoiding the Elephant Trap

Remarriage: Avoiding the Elephant Trap

This article is a practical guide to the legal consequences of a second (/third/fourth/fifth, etc) marriage, to assist when advising clients how to avoid falling into the ‘elephant trap’ of premature remarriage – a term coined by the late Singer J. It can be a messy topic, and it

The Pensions Ombudsman for Family Lawyers

The Pensions Ombudsman for Family Lawyers

Status of the Pensions Ombudsman The Pensions Ombudsman (TPO) is constituted under the Pension Schemes Act 1993 (PSA 1993). TPO may investigate and determine any complaint made to them in writing by or on behalf of an authorised complainant who alleges that they have sustained injustice in consequence of maladministration