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Finances

Post Standish – What now for Matrimonialisation?

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?

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

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

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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Greece Legalises Marriage for Same-sex Couples

Friday 16 February 2024 was a symbolic day in Greece. A landmark bill was passed by the Hellenic Parliament legalising same-sex marriage. Greece is the first Orthodox Christian country in the world to do so. A cross-party majority of 176 lawmakers in the 300-seat parliament voted in favour of the

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The Potanin Litigation: A Look Ahead

On 31 January 2024 the Supreme Court handed down judgment in the case of Potanin and Potanina [1].  For a summary of the background to the proceedings and an overview of the judgment please click here. The key dates in the proceedings are as follows: 8 October 2018: The wife

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