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Principles vs Resources: Conduct and the Law Commission Scoping Report
The Law Commission’s long awaited scoping report[[1]] on financial remedies was published on 18 December 2024. It concludes that the law relating to financial remedy should be reformed. We asked the Law Commission to clarify whether their concerns in respect of the fairness of the outcomes was restricted
Interview with Sir Nicholas Francis
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Nicholas Allen KC and HHJ Edward Hess interviewed Sir Nicholas Francis over dinner in December 2024, a few months after he retired from the High Court Bench
If I remember correctly, you didn’t originally want to be a family lawyer, you wanted to be a shipping lawyer. Is
When the Wife Becomes a Widow: The Effect of Death on Financial Provision Claims
‘In this world, nothing can be certain except death and taxes.’ So Benjamin Franklin is said to have written to Jean-Baptiste Le Roy. Taxes and their impact are usually closer to the front of the minds of those going through divorce or a dissolution of a civil partnership, but occasionally
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Financial Remedies – Next Steps on the Road to Reform?
1.1 On 18 December 2024 the Law Commission published its Scoping Report on financial remedies on divorce and dissolution.[[1]] The Scoping Report sets out our findings that the current law does not provide a cohesive framework in which couples going through a divorce can expect fair and sufficiently
Family BarLink: The CFC Pro Bono Duty Scheme
A new pro bono scheme assisting litigants in person in family proceedings at the Central Family Court – background
As we are all acutely aware, restrictions in the provision of legal aid following the Legal Aid, Sentencing and Punishment of Offenders Act 2012 have resulted in a sharp increase in the
Trusts in Financial Remedy Proceedings
‘Yet once more, O ye Laurels, and once more
Ye Myrtles brown with Ivy never sere
I come to pluck your berries harsh and crude
And with forc’d fingers rude.’
When studying for my A level in English literature I never quite worked out who Myrtle Brown was, nor
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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