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DR Corner: Is NCDR Appropriate in Financial Remedy Cases where there is Domestic Abuse?
In October 2024, a Resolution multi-disciplinary working party published a report, Domestic abuse in financial remedy proceedings. Described as a ‘groundbreaking’ consideration of the interplay between domestic abuse and the treatment of finances on separation and divorce, this 18-month project is a powerful call for change from eminent family law
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Reflections on the Law Commission Paper Financial remedies on divorce and dissolution: a scoping report published on 18 December 2024
Whilst the figures do vary from year to year, a broad perusal of the official statistics suggests that each year in England and Wales approximately 250,000 couples get married and approximately 100,000 applications for a divorce (formerly divorce petitions) are made. Almost all divorce applications conclude with a
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Dealing with Private Equity Investments in Financial Remedies Cases
Investments in private equity funds are a feature of some ‘big money’ divorce cases. In some cases, investments have been made in private equity funds and those investments, or profit sharing entitlements deriving from them, form part of the matrimonial or non-matrimonial property of the parties. The main difficulty in
Standardising Financial Disclosure for Out-of-Court Resolution: Can We Trust the D81?
The principal forms we use for capturing financial data were drafted by different groups of people, at different times and with different purposes: and it shows.
As technology and non-court dispute resolution (NCDR) continue expanding, now might be the time to consider if these forms are, first, fit for purpose
Reflections on the Law Commission Scoping Report in Relation to Pensions on Divorce
Chapter 10 of the Law Commission’s Scoping Report is devoted solely to pensions, an issue to which its terms of reference specifically refer. The report makes for concerning reading; it notes that many divorcing couples separate without a pension sharing arrangement in place and that some do not even
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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