FRJ stage

Financial Remedies

A Crib Sheet for those New to Financial Remedies Practice

A Crib Sheet for those New to Financial Remedies Practice

By way of an extract from Polly Morgan’s Family Law (OUP, 2nd edn, 2024), we present an aide memoire of the relevant principles and practicalities for the new financial remedies practitioner. Summary of the principles and practicalities (1) Consider ‘all the circumstances of the case’: s 25(1). (2)

Financial Remedies: The Law Commission’s Scoping Project

Financial Remedies: The Law Commission’s Scoping Project

On 4 April 2023, the Law Commission announced that it would be undertaking a project to review the current law governing financial remedies on divorce or dissolution of civil partnership.[[1]] The purpose of the project is to determine whether there are problems with the current law that require reform,

Remarriage: Avoiding the Elephant Trap

Remarriage: Avoiding the Elephant Trap

This article is a practical guide to the legal consequences of a second (/third/fourth/fifth, etc) marriage, to assist when advising clients how to avoid falling into the ‘elephant trap’ of premature remarriage – a term coined by the late Singer J. It can be a messy topic, and it

The Financial Remedies Court: A Year in Review

The Financial Remedies Court: A Year in Review

On 28 July of this year, Mr Justice Mostyn sat for the very last time. Many words have already been said or written about him. I particularly enjoyed the appreciation of him by Sir James Munby, which was published in the summer edition of the Financial Remedies Journal.[[1]] Few

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

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]