Journal

Some Sunlight Seeps In

Some Sunlight Seeps In

In relation to transparency in the Financial Remedies Court (FRC) there are further signs that the tectonic plates are shifting.[[1]] BT v CU In November 2021, Mostyn J set the cat among the pigeons with his judgments in BT v CU [2021] EWFC 87, [2022] 1 WLR 1349, [100]

Privacy and Transparency in the Financial Remedies Court

Privacy and Transparency in the Financial Remedies Court

Anyone who has had the benefit and privilege of listening to Mostyn J speak in an extra-judicial capacity will have been afforded a peek into the extraordinary breadth of knowledge and learning of one of England’s most experienced family judges. The range of references that pepper his deliveries – cultural,

Sharing and the Family Home

Sharing and the Family Home

Historically, a wife’s property was absorbed into that of her husband on marriage, and she was not capable of ownership in her own name thereafter. This situation, after some modest changes in the 1870s, finally changed for good with the Married Women’s Property Act 1882 (MWPA 1882). This

Both Sides Now: DN v UD

Both Sides Now: DN v UD

Introduction UD v DN (Schedule 1, Children Act 1989; Capital Provision) [2021] EWCA Civ 1947 is one of only a handful of cases under Schedule 1 to the Children Act 1989 (Schedule 1) to have made it to the Court of Appeal since Re P (Child: Financial Provision) [2003] EWCA

Schedule 1 Property Structures

Schedule 1 Property Structures

The main focus in cases under Schedule 1 to the Children Act 1989 is often on how to meet the housing needs of a child; understandably so, as it is usually the largest cost. It can also be the starting point for settlement as the type of property and location

Schedule 1 Remedies for the Older Child

Schedule 1 Remedies for the Older Child

HHJ Hess recently handed down a helpful decision as to jurisdiction under Schedule 1 for an adult child in J & K v L (Schedule 1: Older Children) [2021] EWFC B104. While this decision is non-binding,[[1]] the judgment offers an exceptionally lucid and helpful analysis of existing case law,

Domestic Abuse in Financial Remedy Cases

Domestic Abuse in Financial Remedy Cases

Introduction While domestic abuse is one of the issues currently at the top of the family law agenda,[[1]] it is not as prominent in financial remedy work as it is in children work and professional discussion is limited.[[2]] The absence of a practice direction for financial proceedings equivalent