Latest issue
Latest blog posts
When It’s Good, It’s Very Good… The ES2, Aged Three; a Pedant’s Perspective
On 11 January 2025, the pro forma schedule of assets known to all as the ES2 turned three years old. Just like the little girl (with the little curl, right in the middle of her forehead) of nursery rhyme fame, who one imagines may be of a similar age, when it’s good, it’s very good, and when it’s bad, it’s horrid.
- Blog
- Asset Schedules
11/04/2025
Transplanting Costs Order Principles to LSPOs and Legal Costs Funding Orders
In family proceedings, the court has two key tools at its disposal to address the funding of litigation. The first is via an LSPO to meet the incurrence of future legal fees, and the second, quite distinct in nature and purpose, is a costs order, providing for one party to pay the costs that have already been incurred by the other party.
- Blog
- Costs
- Legal Services Payment Orders
07/04/2025
The Changing Limits of the Without Prejudice Doctrine (in the Light of the Shift in FPR Part 3)
In this article James Pirrie and Victoria Nottage explore the intersection between the without prejudice doctrine as it applies to mediation and the inquisitorial responsibilities of the court as bolstered by the new protocols.
- Blog
- Without Prejudice
04/04/2025
ST v AR: The Origin of Assets and the Assessment of Needs
As Mostyn J observed in Clarke v Clarke [2023] 2 FLR 1 at [36], Peel J’s oft-quoted summary of the law in WC v HC (Financial Remedies Agreements) (Rev 1) [2022] 2 FLR 1110 at [21] is an ‘impeccable synopsis of the jurisprudence applicable in financial remedy cases [which] has become justly famous’. Somewhat more colloquially, Peel J has himself said (with a smile) that he has heard his summary described as ‘the Noddy Guide’ to financial remedies.
- Blog
- Assets
- Needs
01/04/2025
Let’s Be Clear: The Transparency Reporting Pilot for Financial Remedy Proceedings
One of the most important considerations for anyone with significant wealth, or who has a public profile and who is getting divorced, is the subject of confidentiality and privacy. It is often a key factor of any such client who is considering where and how to get divorced, and it is something matrimonial solicitors have in mind in the first meeting they have with their client. Balanced against that is the push towards increasing transparency within our family justice system, the purpose of which being to promote accountability and public confidence in the same.
- Blog
- Transparency
28/03/2025
Latest cases
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Culligan v Culligan [2025] EWFC 114 January 2025
MacDonald J. An equal division of the matrimonial assets following a 40-year marriage, including a Wells share in favour of W.
- Cases
- Wells Sharing
- Conduct
- Companies
- Crypto
- Valuations
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P v B (Permission to appeal an arbitral award: children) [2025] EWFC 69 (B)10 January 2025
Permission to appeal heard by HHJ Robertson involving a challenge to an arbitral determination in a children matter. Held that the powers of an arbitrator to re-open issues in a case are different to those of a judge, as they operate in different spheres, under different rules and to achieve different outcomes.
- Cases
- arbitration
- Appeals
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TA v SB [2025] EWFC 61 (B)5 March 2025
HHJ Muzaffer. The only question the court was concerned with was what should happen to the jointly-owned FMH. However, this case illustrates the difficulties arising when one party lacks capacity to litigate and is dependent on the Official Solicitor, but where security for that party’s costs may not be readily available.
- Cases
- Sale of Property
- Housing Need
- Legal Aid
- Official Solicitor
- Capacity
- Litigation Friend
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TO v GA (Financial Remedies: Deferred Sale) [2024] EWFC 405 (B)12 November 2024
Deputy District Judge Harrop publishes a judgment as a good example of the decisions district judges have to make in ‘everyday’ financial remedy cases.
- Cases
- Housing Need
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Monisha Mahtani v Vivek Hariram Mahtani [2025] EWFC 3516 January 2025
James Ewins KC, sitting as a Deputy High Court Judge. A difficult case where the respondent husband failed to attend any hearing or make any disclosure. All the court could do was draw inferences to prevent a ‘cheat’s charter’ in the face of W’s quasi-sharing claim. W asserted H had significant assets but had no fixed or agreed values. The final hearing proceeded in H’s absence, with no evidence from H.
- Cases
- Conduct
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