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Financial Outcomes

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

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

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

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?

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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