Besharova v Berezovsky [2016] EWCA Civ 161

How should provisions of a court order that are in dispute be construed? This question most often arises in the context of consent orders. As stated in Besharova v Berezovsky [2016] EWCA Civ 161 per Sir Stephen Richards at [11]: ‘the principles applicable to the construction of a consent order

Practitioners will be familiar with the oft quoted phrase that ‘the court is not a rubber stamp’ (Kelley v Corston [1998] 1 FLR 986). The court must continue to exercise its discretion under s 25 MCA 1973 even when presented with an agreement between parties. The court will scrutinise the

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

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

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