Family Law Hub

Financial Provision

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  • Appeal against an order whereby the court found that at the date of her divorce petition, the applicant wife had acquired a domicile of choice in England, her domicile of origin being in Ireland, and was therefore entitled to proceed with her divorce suit in England under s5(2) of the Domicile and Matrimonial Proceedings Act 1973 and Article 7 of the EU Regulation 2201 of 2003. The appeal was allowed. Judgment, 15/06/2018, free
  • Online survey published News, 12/06/2018, free
  • Three applications brought by the mother and a fourth application brought by the father under Schedule 1 of the Children Act 1989 . Judgment, 11/06/2018, free
  • Final hearing of an application for financial remedies made in high value net worth divorce proceedings. Judgment, 30/05/2018, free
  • This appeal to the Upper Tribunal concerned the identification of the non-resident parents income. Reg 36(1) of the Child Support Maintenance Calculation Regulations 2012 (SI No 2677) defines the non-resident parent's income as that identified by HMRC, which deducts allowable expenses before arriving at the amount of earnings which are 'charged to tax'. However, regulation 36(2)(b) stipulates that a non-resident parent’s employment income is to be assessed before allowable deductions. The UT ruled that the contradiction could only be reconciled if paragraph 1 took priority, leaving paragraph 2(b) redundant. Judgment, 22/05/2018, free

Latest know-how

Latest training

  • 12 questions on 3 cases summarised in the May 2018 Family Law Hub Digest CPD course, 05/06/2018, members only
  • Mena Ruparel and Mark Penston unpick the complex task of understanding the different types of remuneration that might crop up in financial remedy proceedings. Webcast, 19/04/2018, members only
  • Joe Switalski, of 29 Bedford Row, reviews the current case law and judicial thinking surrounding 'short marriages' in financial remedy proceedings. Recorded 19 March 2018. Webcast, 21/03/2018, members only
  • Alexis Campbell QC and Charlotte Trace, of 29 Bedford Row, review the key financial remedy cases and themes from the past 12 months and look at how they will affect judicial thinking and your own cases in the year to come. Webcast, 16/03/2018, members only
  • Anton Eriera from 29 Bedford Row updates practitioners on how chattels should be dealt with after divorce/dissolution, in particular emphasising that the exercise should be proportionate to the value of the overall pot. Webcast, 23/11/2017, members only

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