The Advance of the Principle of Separating Off Non-Matrimonial Assets But Balanced by Needs and Resources Issues

Having written previously about non-matrimonial assets and had recent cause to carefully consider both, on the one hand the effect of the relatively recent decision in WX v HX [2021] EWHC 241 (Fam) that some argue goes to the next level in protecting non-matrimonial assets and, on the other hand, to what extent nonetheless non-matrimonial Continue reading

Small Money Cases can be the Hardest Particularly if the Parties have Spent All the Money Arguing over the Children

Sometimes some self-evident truths simply need to be said out loud and so, this short article does little more than draw attention to a first instance decision that says what we all know but, by reason of having only just been reported (and only in FLW so far) and coming as it does from Cohen Continue reading

Spousal Maintenance, Future Earnings, Income Needs and a Re-Examination of Waggott

Following on from Edward Kenny’s article last month on Maintenance Pending Suit, it seemed logical to think next about spousal maintenance at final hearing but, of course at that point thoughts automatically turn to the Court of Appeal’s decision in  Waggott v Waggott [2018] EWCA Civ 727, 2 FLR 406 and, what seemed at the Continue reading

Permission to Appeal & Barder in Lockdown Plus Children Arbitration is the Answer

Two short but troubling issues in troubled times: Can the FR Appeal Court hold a one-sided oral permission hearing without formal notice to the Respondent? Does the pandemic/lockdown amount to a Barder event? Plus Arbitration simply is the answer, especially for children. Permission to Appeal Hearing I have recently had to consider whether it is Continue reading

Some Further Thoughts on Pre-Nuptial Agreements

Further to my previous article on pre-nuptial agreements, I have recently had cause to consider the overlap between the various possible vitiating factors, particularly undue influence and legal advice. Following on from Lord Phillip’s consideration in Radmacher of the vitiating or weight reducing factors of duress, fraud, misrepresentation, undue pressure and unworthy conduct such as Continue reading

Pre-Nuptial Agreements – The Cracks in Radmacher – Are the Courts nibbling away at Pre-Nuptials from both ends?

The very recent decision of Mostyn J in Ipekci v McConnell [2019] EWFC 19 illustrates the fragility of Pre-Nuptial Agreements (“PNAs” hereafter) from one end (vitiation) and the same case and other recent decisions do so from the other end (the extent to which they bind the court even if valid). These two ends of Continue reading

Can a Schedule 1 Children Act Application be Barred by Reason of the Issue Having Been Covered in the Earlier Financial Remedy Final Order?

I recently had a hybrid Child Arrangements Order, Specific Issue Order (Schools) and Schedule 1 Children Act case where the Husband/Father argued that because the Financial Remedy final order had referred to the issue of school fees in the preamble, recording that the Wife would endeavour to pay half and that the parties would review Continue reading

Children Arbitration

Article 1 of the Family Law Arbitration Children Scheme Arbitration Rules 2016 (1st Edition, effective, 18th July 2016) “The Family Law Arbitration Children Scheme (“the Children Scheme”) is a scheme under which disputes concerning the exercise of parental responsibility and other private law issues about the welfare of children may be resolved by the determination Continue reading

Interveners (or Third Parties) & Setting Aside Dispositions – Cautionary Tales

An amended version of a paper originally presented at the Becket Chambers’ Family Finance Seminar at Eastbourne, Dartford & Canterbury on the 8th, 9th & 11th February 2016. Bringing third parties into financial remedy proceedings is an extremely risky and potentially costly business.  The two tales are cautionary in very different ways; the first being Continue reading