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Financial Remedies Journal – 2025 Issue 1 | Spring
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Financial Remedies Journal – 2025 Issue 1 | Spring
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Of Dogs and Divorce
Of dogs and divorce: why treating pets as chattels is an anachronism.
This is Ernest, our beloved English bull terrier. According to English law he has the same status as the chaise longue upon which he is performing his Kate Winslet impersonation. How can this be right? How can he
Pre-Nuptial Agreements: an ‘Oven-Ready’ Solution to a Pressing Problem? A House of Lords Debate
Late last month, Baroness Deech brought a motion in the House of Lords, ‘That this House takes note of the law relating to prenuptial agreements’.
The debate came against the backdrop of Baroness Deech having (of course) long pursued financial remedies reform through her Divorce (Financial Provision) Bill. She has
Stamp Duty Land Tax and Divorce
This is sometimes the forgotten tax on divorce. Maybe this is fair enough as there is a pretty clear exemption in tax law that states that stamp duty land tax (SDLT) will not apply to transfers pursuant to divorce.
However, the last few years have seen the introduction of two
What to Do Where One Spouse Will Not Co-operate with a Court-Ordered Sale?
https://caselaw.nationalarchives.gov.uk/ewfc/b/2024/407
The recently reported case of WZ v HZ [2024] EWFC 407 (B) (1 May 2024) provides guidance on how to manage the common occurrence of one spouse holding out in the family home despite an order for sale.
Gathering the evidence
Post-Separation Income: Has Rossi Survived Waggott and Standish?
In Rossi v Rossi [2007] 1 FLR 790 Nicholas Mostyn QC (sitting as a Deputy High Court Judge) adopted a formulaic approach in relation to ‘a post-separation bonus or other earned income’. He stated at [24.4] that ‘[a]lthough there is an element of arbitrariness’ he would not allow
ST v AR [2025] EWFC 4
The Husband is 70. The Wife is 51. They have a 9-year-old daughter. They cohabited from February 2003 and in early 2012 separated due to the wife’s affair. In August 2012 – c.9 months later – they reunited. They married on 8 October 2012. In November 2020 the parties relocated
