Executive summary Millions of people around the globe have funds in cryptocurrencies, with billions of dollars now invested. The nature of these funds is invariably secretive and non-national based. They present distinctive challenges for family courts around the world in ascertaining what are the overall assets in order to produce
In the majority of cases child maintenance is determined exclusively by the formula prescribed by the Child Maintenance Service (CMS). In summary it is a percentage of the paying parent’s income with deductions for overnight care. But there are some exceptions where the English family court may have the power
Executive summary Over the past few years and increasing in intensity, High Court and Court of Appeal judges have strongly condemned very high and/or disproportionate legal costs in financial remedy claims. This is troubling and not good for the reputation of English family law and family lawyers including with their
Executive summary England and Wales as a jurisdiction has been at the cutting-edge of using technology for the benefit of the justice system. The High Court in civil proceedings has just allowed service of proceedings via a non-fungible token (NFT). When and in what circumstances might that be appropriate in
With awards of annual bonuses for many fast approaching and predictions that bonuses in the banking sector this year will be high; this article considers how bonus payments are dealt with upon divorce and for how long after separation they might be shared with a former spouse or civil partner.
A recent court decision (reported as P and Q) from the lead judge for the London Financial Remedies Court has provided invaluable guidance on the treatment of loans from friends and family members within financial remedy proceedings on divorce. According to a recent survey conducted by Legal & General, in
Summary Some Embassies and Consulates in London perform marriages within their buildings in accordance with their own domestic law. Whilst this may be permitted according to the law of the country of the embassy or consulate, these marriages may not be recognised in English law. This may have very significant
Executive summary Conduct remains an area in which public and client perceptions vary widely from how case law has developed in the area. This article examines the historical background for conduct as a facet of the divorce process, analyses how conduct is applied by the Courts as a factor within
Executive summary The UK left the EU on 31 January 2020, but the law stayed the same until 11 PM on 31 December 2020. From that time onwards, EU laws no longer applied in England and Wales in respect of new proceedings. But the consequence of transitional arrangements is that
In many instances when a marriage breaks down the spouses only have a connection with one country and the divorce and financial proceedings take place there. But what happens when one or both people have a connection with more than one country? It might be that both spouses were born
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