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Journal
The Thwaite Jurisdiction – A Stay of Execution?
The very existence of the Thwaite jurisdiction is controversial.
Thwaite, Benson and L v L
Its origins are (unsurprisingly) found in Thwaite v Thwaite [1981] 2 FLR 280. A consent order was made for the transfer of the matrimonial home in England to the wife on the basis that she
Money Corner: Welcome Change to Capital Gains Tax Rules on Divorce
For many years, capital gains tax (CGT) has often been a major stumbling block in financial settlements. Transferring assets around could give rise to tax liabilities in the hands of the transferring spouse who is usually not receiving any sales proceeds with which to pay what is known as a
AS v CS: What are the Consequences if the Court Has Not Mandated a Private FDR?
The duty of the court to direct that a financial remedies application must be referred to an FDR appointment is set out in Family Procedure Rules 2010 (SI 2010/2955) (FPR) 9.15(4). Pursuant to this rule the court must direct such a hearing unless: (1) the first appointment,
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,
The Summary of the Summaries (Winter 2023)
Cummings v Fawn [2023] EWHC 830 (Fam) (Mostyn J)
W’s appeal of a judgment, which had seen her held to a Xydhias agreement, was allowed on the basis that the first instance judge had not properly considered how W’s housing needs and debts could be met, nor that
Hasan – The Barder Conundrum – A Final Word (We Promise)
The Supreme Court’s judgment in Hasan was handed down on 28 June 2023. Most readers will by now be at least peripherally aware of what the case was about. This article is to some extent a continuation of a blog post written by one of the authors for this