Issues

Financial Remedies Journal - 2023 Issue 2 | Summer

Issue 2 of 2023 was published in July 2023.

Download the whole Journal as a PDF (for free) below.

All articles in the Journal are also available individually.

Interview with Mr Justice Mostyn – Rules and Woolly Discretion
Alexander Chandler KC interviews Mr Justice Mostyn.
FRJ
What Family Lawyers Need to Know about Valuing Mixed Property Portfolios in Financial Remedy Proceedings
Over the past decade, a number of cases have come before the Family Court involving property portfolios. These cases have ranged from the seminal case of <em>Prest v Petrodel Resources Ltd &amp; Ors</em> [2013] UKSC 34 through to the case of <em>ND (By her Litigation Friend) v GD</em> [2021] EWFC 5
FRJMike Fox
Tech Corner: Everybody QWERTs – A Guide to Mechanical Keyboards
FRJDavid Lillywhite
The Revised Standard Family Court Orders – In with the New
The standard orders project has a long history. The then President (Sir James Munby) first appointed a drafting group in 2013 under the leadership of Mostyn J to produce a comprehensive set of orders that it was intended would become mandatory in the Family Court and the Family Division…
FRJNicholas Allen KC
Living under an LSPO
Life in receipt of an LSPO is no bed of roses. This article reflects on this aspect in the context of the developing jurisprudence on such orders and to anticipate developments that might be required to make them manageable.
FRJAmy Scollan
Goddard-Watts – The Second Sequel: Fraud Unravels All, Sometimes
FRJCalum Smith
Financial Remedies Case Round-Up (Mid-January to mid-April 2023)
FRJPolly Morgan | Case Editor
Has the Sign on the Blind Alley Been Lifted? The Possible Return of Compensation
FRJFleur Claoué de Gohr
Mr Justice Mostyn – An Appreciation on His Forthcoming Retirement
FRJSir James Munby
Fairness versus Certainty – Should the Matrimonial Causes Act 1973 be Amended to Restrict the Duration of Spousal Maintenance?
FRJKatherine Dunseath
Chair’s Column (Summer 2023)
A fond farewell to Mostyn J. In this issue of the Financial Remedies Journal we have decided to shine an approving and appreciative light on Mr Justice Mostyn, a great family lawyer and the greatest financial remedies lawyer of our age.
FRJHHJ Edward Hess | Chair of the Editorial Board
DOWNLOAD 2023 ISSUE 2 – Summer 2023 (PDF)
2023 Issue 2 (Summer 2023) is now available to download and read as a PDF. Click to download.
FRJ
Money Corner: Mortgage Capacity from a Broker’s Perspective
FRJJessica Burton
The Summary of the Summaries (Summer 2023)
Summaries, beginning with <em>HD v WB</em> [2023] EWFC 2 (Peel J): pre-nuptial agreement challenged by husband on the basis that he did not understand its implications and that it would not meet his needs. Husband was successful on this second contention. He received a needs-based award, albeit onl
FRJHenry Pritchard
Pensions on Divorce – Standard Family Order Template and Short Marriages
FRJRhys Taylor | Vice Chair of the Editorial Board & Journal Editor
Unilateral Assets and Short Marriages after E v L – Another White Leopard?
It was made clear by the Court of Appeal in <em>Miller v Miller</em> [2005] EWCA Civ 984, [2006] 1 FLR 151 that none of the pre-<em>White v White</em> [2000] UKHL 54, [2000] 2 FLR 981 so-called short marriage cases had survived the change in judicial approach that <em>White heralded</em>.
FRJNicholas Allen KC
Reflections on the Recent Announcement by the Law Commission of a Review of Financial Remedies Law
On 4 April 2023 the Law Commission announced a ‘review of the laws which determine how finances are divided among couples after divorce’, targeted at producing a ‘scoping report’ in September 2024. The announcement carried an explanation of the task and the likely timetable.
FRJHHJ Edward Hess | Chair of the Editorial Board
What Does Equality of Pension Capital Mean?
FRJGeorge Mathieson
DR Corner: Review of Do It Out of Court – A Practical Guide to Dispute Resolution Processes in Family Law
A review of the book by Karin Walker, from Law Brief Publishing (2023). This is a concise and informative book aimed at family law practitioners with little or no experience in out-of-court dispute resolution methods.
FRJDJ Deborah Dinan-Hayward
Cohabitation Rights in England and Wales, Scotland and Australia
Across the globe, the composition of families is changing. No longer is marriage the definitive means for defining a family; we have seen the growth of other formalised relationship statuses such as registered partnerships and civil unions. The family outside marriage has now become a statistical r
FRJDr Andy Hayward
Are You There ChatGPT? It’s Me, Charlotte – ChatGPT, Generative AI and the Law
Readers will probably have heard by now of OpenAI’s ChatGPT. Many of you will have experimented with it, or one of the other available generative artificial intelligence (AI) models such as Microsoft’s Bing. If you have not yet utilised any of these new technologies, you will very likely have read
FRJCharlotte John

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