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Delaying a Divorce Because of Financial Prejudice: The New No-fault Law and Practice

Delaying a Divorce Because of Financial Prejudice: The New No-fault Law and Practice

Executive summary There can be real loss and prejudice in some divorce cases if the final divorce order, previously the decree absolute, is granted before the final financial settlement and its implementation in circumstances when the paying party then dies. Automatic entitlement to pensions, the primary circumstance, but also insurance

Is the Current Approach to ‘Conduct’ in Financial Remedy Proceedings in Need of Reform?

Is the Current Approach to ‘Conduct’ in Financial Remedy Proceedings in Need of Reform?

The significance and role of marital misconduct in proceedings for financial relief on divorce has had a long and varied history in family law. This article explores that history and the evolving significance of conduct within the litigation process and poses the question whether the current approach to conduct under

Non-Court Dispute Resolution and the New Protocol – Don’t Look a Gift Horse in the Mouth…

Non-Court Dispute Resolution and the New Protocol – Don’t Look a Gift Horse in the Mouth…

You don’t have to travel too far back to a time when separating families had two stark choices – negotiate or litigate. Either you did a deal or you went to court. Those days are now, fortunately, long gone but many couples have still found themselves struggling in the no

As the English Family Court Grapples with a New Direction of Travel for Non-Court Dispute Resolution, What Are the Likely Impacts of Recent Changes and Are We at Risk of Putting the Cart before the Horse?

As the English Family Court Grapples with a New Direction of Travel for Non-Court Dispute Resolution, What Are the Likely Impacts of Recent Changes and Are We at Risk of Putting the Cart before the Horse?

Pre-action reform – the background Over recent years, there have been an increasing number of public consultations and reports considering how to support the earlier resolution of civil disputes, both within the Family Courts and across other areas of practice. Whilst there are, of course, many benefits to the early resolution

DOWNLOAD 2024 ISSUE 2 – Summer 2024 (PDF)

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Chair’s Column (Summer 2024)

Chair’s Column (Summer 2024)

The FRJ website I am delighted to see from a perusal of the latest statistics on the use of the range of FRC-related resources on the FRJ website (www.financialremediesjournal.com) that the vision of providing the ‘go to’ place for financial remedies practitioners has become a reality, with 408,

Galbraith Tables v2: Why they Have Changed

Galbraith Tables v2: Why they Have Changed

Some two years have now passed since the First Edition of the Galbraith Tables were published. Much has happened within this intervening period. We, the authors, felt the need to produce a revised edition. This article discusses what has changed and why it has proved necessary for the new version