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Financial Remedies Case Round-Up (Mid-January 2024 to end April 2024)

Financial Remedies Case Round-Up (Mid-January 2024 to end April 2024)

Schedule 1 cases Like buses, cases on particular areas of law come along one after the other after what feels like a large gap of time. In this quarter, there are a number of interesting decisions relating to Sch 1 Children Act 1989. Re A v B (Schedule 1: Arbitral

Pre-nuptial Agreements – A Good Route to Autonomy?

Pre-nuptial Agreements – A Good Route to Autonomy?

Every family lawyer knows that the validity of pre-nuptial agreements (pre-nups) is at the mercy of the judge’s discretion, yet a freely entered agreement that is not unfair will be given decisive weight.[[1]] This authority stems from the landmark case of Radmacher v Granatino [2010] UKSC 42, where

Evidencing Earning Capacity: Expert Assessments with Potential for both Cooperation and Conflict

Evidencing Earning Capacity: Expert Assessments with Potential for both Cooperation and Conflict

Embarking on divorce proceedings is not just the end of one chapter of life but the start of a new one. Judges determining applications for financial remedies on divorce or dissolution of civil partnership aim to ensure that the former spouses are each on as stable a financial footing as

Tousi v Gaydukova – Must Parties to a Void Marriage First Seek a Nullity Order before Obtaining an Order for the Transfer of a Tenancy?

Tousi v Gaydukova – Must Parties to a Void Marriage First Seek a Nullity Order before Obtaining an Order for the Transfer of a Tenancy?

The distinction between void, voidable and non-qualifying ceremonies can be difficult to discern. The case law is voluminous and often turns on very specific factual scenarios. The case of Tousi v Gaydukova [2024] EWCA Civ 203 entered a further level of complexity by relating to a foreign ‘marriage’ in the

Interview with Baroness Hale

Interview with Baroness Hale

.jpeg) Whether you know her as ‘the Beyoncé of the legal world’[[1]] or ‘call me Brenda’ (as she modestly introduces herself), Baroness Hale of Richmond is an exceptional woman and an exceptional lawyer. The first woman from her school to go to Cambridge – at a time when only 2.

The Summary of the Summaries (Summer 2024)

The Summary of the Summaries (Summer 2024)

BR v BR [2024] EWFC 11 (Peel J) When should a single joint expert (SJE) be instructed rather than two or more separately instructed experts in financial remedy proceedings? The default position is that, wherever possible, an SJE should be directed rather than giving permission for two or more experts