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Oil on Troubled Waters

Oil on Troubled Waters

Hudson v Hathway [2022] EWCA Civ 1648 is another dispute in the seemingly never-ending conveyor-belt of cases about real ownership of a home. The property – Picnic House – (the litigation being anything but a picnic) was upon its acquisition in 2007 legally and beneficially owned by Lee Hudson (LH) and Jayne

Child Maintenance Outside the Child Maintenance Service: Where Are We Now?

Child Maintenance Outside the Child Maintenance Service: Where Are We Now?

In the majority of cases child maintenance is determined exclusively by the formula prescribed by the Child Maintenance Service (CMS). In summary it is a percentage of the paying parent’s income with deductions for overnight care. But there are some exceptions where the English family court may have the

Form C, The Efficiency Statement and What Judges Expect to See

Form C, The Efficiency Statement and What Judges Expect to See

The Form C, also called the allocation order, is the order that the court makes at the same time as issuing the Form A. Well, that is interesting, you may be thinking. Bear with me, dear reader because I now mention the Financial Remedy Portal versus Familyman, which will either

Valuing Pensions on Divorce: CMX v EJX

Valuing Pensions on Divorce: CMX v EJX

https://www.bailii.org/ew/cases/EWFC/HCJ/2022/136.html Cases involving pension commentary are rare from the Family Court at High Court level, and so it was with great interest I found myself digesting the judgment by Moor J in the recent case of CMX v EJX (French

Pre-Nuptial Agreement Drafting: Is the Profession Earning ‘an Honest Shilling’?

Pre-Nuptial Agreement Drafting: Is the Profession Earning ‘an Honest Shilling’?

Introduction In the same year when the Law Commission published its report Matrimonial Property, Needs and Agreements and recommended that there be ‘statutory confirmation of the contractual validity of marital agreements’ (1.32), Coleridge J, in his address at the 2014 Family Law Conference stated: ‘I am convinced that the

Freezing Injunction – Shaky Application: on Thin Ice? J v H [2022] EWFC 133

Freezing Injunction – Shaky Application: on Thin Ice? J v H [2022] EWFC 133

https://www.bailii.org/ew/cases/EWFC/HCJ/2022/133.html Peel J was faced with an application for a freezing injunction by the husband seeking to restrain the wife from dealing with her overseas assets. The application had passed through the urgent applications judge in mid October, and by

Have We Been Getting It Wrong for the Past 75 Years? Privacy, Secrecy and the Financial Remedies Court

Have We Been Getting It Wrong for the Past 75 Years? Privacy, Secrecy and the Financial Remedies Court

The Go-Between by L.P. Hartley starts with one of the most celebrated opening lines in literature: ‘The past is a foreign country; they do things differently there.’ Historically, the same could be said of the Family Division, where a husband or wife could obtain a Mareva injunction, or pierce