Latest issue
Latest blog posts
-
Rough Justice
Costs cases in family proceedings used to be few and far between, but a recent decision of Arbuthnot J in the case of KS v VS [2024] EWHC 278 (Fam) has caused something of a stir in the profession.
- Blog
- Costs
- Summary Assessment
!15/03/2024 11:35
-
Tousi v Gaydukova [2024] EWCA Civ 203
Sir Andrew McFarlane, Moylan LJ and Holroyde LJ. Transfer of tenancy under s 53 of the Family Law Act 1996: an appeal by the Husband of the decision of Mostyn J dismissing his appeal of an order for a transfer of tenancy on the basis that the parties' ‘non-marriage’ status resulted in them being ‘cohabitants’ under paragraph 3 for the purposes of the Act.
- Blog
!13/03/2024 22:31
-
Spring Budget 2024 Summary
Wednesday’s Spring Budget included a number of tax and benefits features that will impact divorcing couples. Peter Smith discusses the main points from a Family Lawyer’s perspective.
- Blog
!07/03/2024 16:10
-
Applications for Leave Under MFPA 1984 Part III: Which Costs Rules Inform (or Govern)?
What costs rules apply to an application for permission/leave pursuant to the Matrimonial and Family Proceedings Act 1984, s 13?
- Blog
- Leave Application
- Costs
!05/03/2024 16:23
-
What Is the True Extent of FDR Privilege?
In L v O (Stay of Order; Hadkinson Order; Security for Costs) [2024] EWFC 6 (26 January 2024) Cobb J considered whether a judge hearing a Barder (or Thwaite) application can/should be made aware of what took place at the FDR appointment where the original order was agreed and where this may be relevant to 'foreseeability'.
- Blog
- Privilege
!19/02/2024 16:04
Latest cases
-
Tousi v Gaydukova [2024] EWCA Civ 2036 March 2024
McFarlane P, Moylan and Holroyde LJJ. Are the parties to a void marriage able to apply for a transfer of tenancy as cohabitants, and does the lex loci celebrationis determine the ramifications of invalidity?
- Cases
- Void Marriage
- Jurisdiction
- Transfer of Tenancy
- Locus Lex Celebrationis
- Non-Qualifying Ceremony
- Validity of marriage
-
SP v QR [2024] EWFC 57 (B)12 March 2024
HHJ Hess. Schedule 1 application with a ‘more modest’ asset base regarding residence in a property subject to a mortgage and ‘top-up’ maintenance for a disabled child.
- Cases
- 'Top-up' Maintenance
- Child Maintenance
- Costs
- Child Support
- Needs
- Child's Needs
- Children Act 1989 Schedule 1 Applications
- Needs of a Disabled Child
- Housing Need
-
BL v OR [2023] EWFC 229 (Fam)7 December 2023
Sir Jonathan Cohen. Final hearing involving a prenuptial agreement in circumstances where W had transferred her property, which amounted to W parting with the bulk of her assets.
- Cases
- Duxbury Capitalisation
- Needs
- Agreements
- Housing Need
-
AW v RH (Preliminary Issue: Third Party Rights), Re [2024] EWFC 545 March 2024
HHJ Williams. Dispute with third parties regarding the ownership of two properties and whether they should be treated as matrimonial property.
- Cases
- Third Party Rights
- TOLATA Claims
- Matrimonial and Non-Matrimonial Property
- Trusts of Land
-
Re X (Financial Remedy: Non-Court Dispute Resolution) [2024] EWHC 538 (Fam)8 March 2024
Knowles J; impact of Churchill on family proceedings. Incoming changes to FPR from 29 April 2024 will enable court to adjourn proceedings for ADR with potential costs consequences for non-engagement.
- Cases
- Mediation
- NCDR
- Family Procedure Rules
- Alternative Dispute Resolution