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Financial Outcomes

Post Standish – What now for Matrimonialisation?

Sarah Cornes 23 September 2024

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

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Conduct – To Plead or not to Plead?

Annie Boxer 1 August 2024

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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Economic Abuse in Family Proceedings

Rosa Schofield 24 July 2024

Economic Abuse Economic abuse is a form of domestic abuse and is defined at section 1(4) of the Domestic Abuse Act 2021 as ‘any behaviour that has a substantial adverse effect on B’s ability to (a)acquire, use or maintain money or other property, or (b)obtain goods or service’.  There is

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Potential Curtailment of the English Court’s Powers Under Part III MFPA

Michael Allum 4 June 2024

The recent decision of Moor J in TY v XA [2024] EWFC 96 (24 April 2024) has received attention as the first reported MFPA 1984 Part III leave/set aside case since the Supreme Court decision in Potanina v Potanin [2024] UKSC 3 (31 January 2024). The judgment contains some helpful clarifications including that applications for leave

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Revised Finance Pre-Action Protocol

Michael Allum 30 May 2024

On 29 April 2024 important changes were made to FPR Part 3 and Part 28 to promote non-court dispute resolution (NCDR). These changes include requiring the court to encourage parties to use NCDR, the introduction of a new form (FM5) requiring parties to set out their views on NCDR, and

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Spousal Maintenance by Formula: The Canadian Experience

Michael Allum 27 November 2023

Introduction The recent announcement by the Law Commission that it is conducting a review into the laws which determine how finances are divided on divorce has re-ignited the discussion as to whether the law on financial remedy provision in England and Wales should be reformed. One of the areas which

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The Divorce Podcast – Is 50/50 always Fair?

Paula Fox 27 September 2023

Prof David Hodson OBE KC(Hons) MCIArb and renowned legal correspondent Joshua Rosenberg, join Kate Daly of Amicable in The Divorce Podcast to discuss the proposed reform by the Law Commission in respect of financial outcomes on divorce. Specifically to discuss whether 50/50 is a fair way to divide money and

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The International Family Law Group LLP is a limited liability partnership registered in England (company number OC362777) whose registered office is at Octagon Point, 5 Cheapside, St Paul’s, London EC2V 6AA. A list of the members of the LLP is displayed at the above address together with a list of those individuals designated as partners who are not members of the LLP. We are a firm of solicitors practicing in the UK. As solicitors we are authorised and regulated by the Solicitors Regulation Authority (SRA ID: 560727) and are subject to the Solicitors Code of Conduct 2011

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