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Voidable Marriages

Voidable Marriages

By Sir Nicholas Mostyn, a judge of the High Court, Family Division, and of the Court of Protection 2010–2023.[[1]] Can a declaration of non-recognition of a voidable overseas marriage, where at least one of the parties is domiciled in England and Wales, lawfully be made? The answer to

Financial Remedies Practice 2023/24 – a Review

Financial Remedies Practice 2023/24 – a Review

As the summer draws to a close, even with school days long behind many family lawyers, September brings with it a sense of new beginnings. But, instead of focusing on a new uniform and pencil case, one of the things we should be looking at are the key textbooks to

To Deduct or Not to Deduct: That Remains the Question After Collardeau-Fuchs

To Deduct or Not to Deduct: That Remains the Question After Collardeau-Fuchs

White v White [2000] 2 FLR 981 is rightly known for its fundamental reset of the principles that govern financial remedy claims. One perhaps lesser commented upon aspect of Lord Nicholls of Birkenhead’s speech is at p. 996 when he referred to Mrs White’s criticism of the use

Koukash v Koukash – Can a Party Waive Privilege on Their Own WP Offer?

Koukash v Koukash – Can a Party Waive Privilege on Their Own WP Offer?

As Mostyn J made clear in LM v DM (Costs Ruling) [2022] 1 FLR 393 at [4], ‘[l]itigants must learn that they will suffer a cost penalty if they do not negotiate openly and reasonably’. This applies equally to both final and interim hearings. The willingness of judges to

DH v RH

DH v RH

In our recent article for the Financial Remedies Journal, ‘Living under an LSPO’, Amy Scollan and I explored the many challenges of those operating under a Legal Services Payment Order (LSPO) and the need for Court of Appeal guidance. The recent judgment in DH v RH [2023] EWFC 111 creates

Public Sector Pensions Remedy (Mccloud) Changes to Benefits from 1 October 2023 – Implications for Pensions on Divorce Settlement

Public Sector Pensions Remedy (Mccloud) Changes to Benefits from 1 October 2023 – Implications for Pensions on Divorce Settlement

The purpose of this blog is to point out one aspect of the changes taking place for most Public Sector Schemes from 1 October 2023 and, as a result of that, what action may be needed. In general the calculations and results within reports may be invalidated over time due

Excluding s 25(2)(g) ‘Conduct’ from Consideration at an Interim Stage – Strike-Out or Summary Judgment by Another Name?

Excluding s 25(2)(g) ‘Conduct’ from Consideration at an Interim Stage – Strike-Out or Summary Judgment by Another Name?

Dmitry Tsvetkov v Elsina Khayrova [2023] EWFC 130 (4 August 2023) per Peel J has much of interest to say in relation to MCA 1973 s 25(2)(g) ‘conduct’. At [43] Peel J stated that at ‘stage one’ a party asserting conduct must prove: ‘i) the facts relied upon;