FRJ stage

Latest

Has the Sign on the Blind Alley Been Lifted? The Possible Return of Compensation

Has the Sign on the Blind Alley Been Lifted? The Possible Return of Compensation

The concept of compensation in financial remedy proceedings has, since its inception in 2006, been a divisive principle. On the one hand, it is a principle that underpins the very reason that the justice system exists: to compel restitution; on the other hand, it can be seen to be a

What Family Lawyers Need to Know about Valuing Mixed Property Portfolios in Financial Remedy Proceedings

What Family Lawyers Need to Know about Valuing Mixed Property Portfolios in Financial Remedy Proceedings

Introduction 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 Prest v Petrodel Resources Ltd & Ors [2013] UKSC 34 through to the case of ND (By her Litigation Friend) v GD [2021]

Cohabitation Rights in England and Wales, Scotland and Australia

Cohabitation Rights in England and Wales, Scotland and Australia

Introduction 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 reality and something

Pensions on Divorce – Standard Family Order Template and Short Marriages

Pensions on Divorce – Standard Family Order Template and Short Marriages

This article deals with two points. The first relates to the publication of the new pension sharing order (PSO) template at paragraph number 95 in the Standard Family Orders suite. The second relates to the issue of short marriages in the context of pensions on divorce. The new Standard Family

What Does Equality of Pension Capital Mean?

What Does Equality of Pension Capital Mean?

I started writing expert witness reports around 2005 and, right from the start, a regular question was, ‘Should we seek equality of income or equality of capital?’ Letters of Instruction regularly ask the expert to calculate ‘The pension sharing order required to achieve (i) equality of income and (ii) in

Unilateral Assets and Short Marriages after E v L – Another White Leopard?

Unilateral Assets and Short Marriages after E v L – Another White Leopard?

It was made clear by the Court of Appeal in Miller v Miller [2005] EWCA Civ 984, [2006] 1 FLR 151 that none of the pre-White v White [2000] UKHL 54, [2000] 2 FLR 981 so-called short marriage cases[[1]] had survived the change in judicial approach that White heralded.

Goddard-Watts – The Second Sequel: Fraud Unravels All, Sometimes

Goddard-Watts – The Second Sequel: Fraud Unravels All, Sometimes

The words ‘Goddard-Watts’ may cause a feeling of déjà vu for financial remedy practitioners. After their separation and divorce (in 2009 and 2010, respectively) the parties settled by consent the financial relief claims arising from their divorce in 2010. Subsequently, it was found on two separate occasions that the husband