Blog
Legal Services Payment Orders: Levelling the playing field
As any family lawyer will attest, court proceedings can be prohibitively expensive. And this is especially so when it comes to contested financial remedy proceedings on divorce. Of course, if a party has substantial means then the cost of such proceedings may not be...
Full and frank disclosure – the ongoing duty to disclose on divorce
Before the court can make a financial remedies order on divorce it will obviously first require full details of the financial assets of both parties, so that it can decide upon a fair settlement. The parties are therefore under a duty to make full and frank disclosure...
Financial contributions on divorce – how far do they count?
It is obviously not unusual that one party to a marriage will contribute much more financially to the marriage than the other party. Not unnaturally, that party may believe that that contribution should entitle them to a greater share of the assets on divorce. But the...
Finances on divorce: should the law be changed?
It has recently been announced that the Law Commission has been asked by the Ministry of Justice to undertake a review of the law which determines how finances are divided between couples at the end of their marriage or civil partnership. The Government has requested...
Mandatory mediation on divorce – a much needed requirement or an inappropriate measure?
Government announces plans for mandatory mediation in family cases On 23 March 2023 the Ministry of Justice, the Children and Family Court Advisory Support Service (‘Cafcass’), and the Lord Chancellor and Secretary of State for Justice Dominic Raab MP announced plans...
SC v TC: An unfair post-marital agreement
The law on nuptial agreements has been clear since 2010: The court should give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the...
Family court reporting – a further step towards openness
Family Court proceedings are by their very nature private, dealing with highly personal, and sometimes confidential, issues. Anyone involved in them may therefore be alarmed at the news that journalists are to be allowed to attend and report upon Family Court...
Cohabitation: seeking a share, or greater share, in the home
As is noted elsewhere on this website, if you are unmarried and decide to separate, you will not have the right to share your partner’s property, in the same way as you would if you had been married. Instead, each disputed asset is dealt with by applying the relevant...
The importance of jurisdiction in financial remedy cases
Many families have an ‘international element’. There are various possible reasons for this. For example, the family may have moved from one country to another during the marriage, or one or both of the parties may have originated from another country. In such cases it...
Good Divorce Week: But just what is a ‘good divorce’?
Every year Resolution, the association of family lawyers, runs a ‘Good Divorce Week’ campaign, with this year’s campaign running from the 28 November to the 2 December. The objective of the campaign is to encourage those going through divorce to make the process as...