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
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
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
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
The Spring Budget 2024 was announced on 6 March 2024. Whilst the Budget did not help to fill the public’s wallet as much as hoped, it nevertheless introduced changes about which family law practitioners, and separating families should be aware of*. *With a general election this year, these policies might
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
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
Potanin v Potanina: The Supreme Court Decision On 31 January 2024 the Supreme Court handed down the much-awaited judgment in Potanin v Potanina [1]. These proceedings relate to financial claims which can be brought in England for financial provision after an overseas divorce. Although the parties in this case have
Article on on potential reforms to financial remedies on divorce including: tougher approach to non-disclosure importance of legal aid ability to compel non-court dispute resolution methods and costs capping. First published in TL4 HNW Divorce Magazine Issue 15 Edition.
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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