On 18 December 2024 the Law Commission published their highly anticipated scoping report regarding financial remedies on divorce and dissolution. Links to the full report[1] and the summary[2] are set out below. This article summaries the problems that have been identified with the current law on financial remedies and the
Rosa Schofield, Associate of The International Family Law Group and Co-Chair of Resolution’s Publications Committee, has co-authored two chapters of Resolution’s newly released Spousal Maintenance Handbook alongside the following contributors:Harriet Gibson of Mishcon de Reya and Gemma Garret of DMH Stallard. Rosa’s chapters focus on International Considerations and International
Further to my series of articles about the Transparency Pilot Scheme – it has just been announced that from 29 January 2025, the Transparency Reporting Pilot for financial remedy proceedings is extending to all financial remedy proceedings in all courts. The pilot will also now run until 29 January 2026.
An increasing number of divorces now involve international elements, and the spousal maintenance issues involved are fraught with complexity Spousal maintenance is notoriously one of the most difficult aspects of financial separation for both clients and lawyers. This is especially true given the level of discretion afforded to judges when
‘The valuation of private companies is a matter of no little difficulty’[1]. The definition of ‘value’ is the present value of expected future net economic benefits to be generated by an asset. This definition alone gives an indication as to the complexities in arriving at a reasonable value of an
The Changes Announced The Autumn Budget introduced some significant changes to Inheritance Tax (IHT) which are likely to mean family law aspects of succession planning will become more pertinent. This article seeks to explain why. The rate of Inheritance Tax (40%), personal nil-rate threshold (£325,000) and the treatment of
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
In mid-2023 a multi-disciplinary working-party was established by Resolution to consider the relationship between domestic abuse and the division of finances on separation and how domestic abuse is addressed in financial proceedings. A comprehensive survey was opened to family law professionals and it received a huge 526 full responses. This
On 23 May 2024, the Court of Appeal delivered Judgment in the case of Standish v Standish [2024] EWCA Civ 567, unanimously allowing the husband’s appeal from Mr Justice Moor sitting in the Family Division of the High Court. In 2017 the husband had transferred £77 million (which included
When is conduct relevant? Section 25(2)(g) of the Matrimonial Causes Act 1973 states that for conduct to be taken into account in financial remedy proceedings it needs to be conduct that would, in the opinion of the Court, be inequitable to disregard. What does this mean? Section 4.4 of the
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