Latest Updates

Family Flyer 86

October 5, 2020

The Cost of a Failure to Openly Negotiate – an Analysis of Mostyn J’s Judgment in OG v AG [2020] EWFC 52

Facts:

H and W had made cross financial remedy applications upon divorce and these proceedings had been ongoing for almost 2 years. The marriage had lasted 25 years and there were two children (25 &10) who remained living at the UK Fmh with W. The parties had operated a ducting business X worth almost £14m with each taking active roles therein 9 (and as joint shareholders). The parties had also built up a property portfolio both in the UK and abroad and under the name of X received rentals. 

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Family Flyer 85

October 5, 2020

General Approach to and “Due Diligence” responsibilities in Non-Disclosure Set Aside Applications.

Introduction:

1. The “three buses” experience appears uncannily to happen in legal practice just as it does when waiting for overdue public transport home on a wet night. Having not had a case on a set aside application for some time, suddenly during “lock down” three have made such an appearance. As a result I have had to remind myself of the Sharland and Gohil principles, which were the subject of an earlier Flyer in 2015 (Flyer 57 “Sharland and Gohil Summarised”) and then an article published in Family Law (“Concealment in Family Financial Proceedings: A Crime by Any Other Name” (2014) Fam Law 1131). 

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Family Flyer 84

October 5, 2020

Introduction:There appears to have been some recent interest shown in a decision of HHJ Hess in W v H (divorce financial remedies) [2020] EWFC B10 on the basis that the judgment sets out some new principles relating to pension distribution. In fact, it does nothing more than repeat the President’s endorsement as to what should be now the accepted guidance to the judiciary and practitioners following the Pension Advisory Group’s 2019 Pension Report on the approach to pensions in financial remedy cases. 

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Family Flyer 83

October 5, 2020

FAMILY COURTS REMOTE ACCESS PROTOCOL – Northern Circuit

Local Family Practitioners have been experiencing obvious difficulties in understanding the practical arrangements necessary for Court cases in the wake of the Covid-19 crisis and within the last 72 hours there has been a cascade of Guidance and Directives from National and Circuit sources. 

The Family Courts on Circuit will be closed to physical access until further notice. 

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Family Flyer 82

October 5, 2020

The Financial Remedy Courts – Coronavirus latest update or let’s get a reality check!

Let’s get real – the Court system cannot effectively operate in the present developing shut down of the country. Social contact is already being advised against. Court cases like non urgent operations will have to be put off. In the meantime, until this penny finally drops, here is the latest issued advice just received.

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New Eighth Edition

October 5, 2020

Cohabitation: Law, Practice and Precedents Eighth edition & CD
Cohabitation: Law, Practice and Precedents
is the only work on the subject to provide commentary, checklists, procedural guides and precedents in a single volume making it an invaluable aid to all practitioners advising unmarried couples.
by James Cook (Author)Helen Wood (Author)Ashley Murray(Author)David Salter (Author)

Family Law Journal [2019] 1259

March 17, 2020

Case update: O’Dwyer v O’Dwyer [2019] EWHC 1838 (Fam)

Waggott rules OK – Facts Decision on appeal – Commentary

An appeal before Francis J from a first instance financial remedy decision of His Honour Judge O’Dwyer which follows the approach required following Waggott v Waggott [2018] 2 FLR 406, that a spouse’s future income capacity or potential post-divorce is off limits to the sharing principle unless need or compensation require otherwise and provides a welcome working example of the extent of capital amortisation necessary in the exercise of assessing the weaker financial spouse’s income to meet needs.

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Family Law Journal [2019] 721

March 17, 2020

The Financial Pilot Scheme needs a communication platform

When Sir James Munby became President in 2013 he was crystal clear in his message that he wanted a modernised Family Law Court system, which was envied worldwide. Few Presidents have since done more to match their words with actions. One of his last acts was the extended roll out of the Financial Court Pilot Scheme (President’s Circular: Financial Remedies Court Pilot Phase 2 – July 2018), which at last creates in nine regions, a specialised financial judge system of courts. 

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Family Flyer 81

March 17, 2020

One Swallow Does Not Make A Summer

An analysis of XW v XH [2019] EWCA Civ 2262

Introduction:

In White (2000) Lord Nicholls powerfully emphasised “one principle of universal application“, namely that: 

  • In seeking to achieve a fair outcome, there is no place for discrimination between the husband and the wife and their respective roles“, at p.605 B/C; and
  •  “..whatever the division of labour chosen by the husband and wife, or forced upon them by circumstances, fairness requires that this should not prejudice or advantage either party when considering” their respective contributions, at p. 605 D; and 

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Family Flyer 80

March 17, 2020

The Financial Remedy Courts (‘FRC’) 

Good Practice Protocol (Nov 2019) – Summarised

Introduction:

The following is my summarised version of the recently published Best Practice Protocol, which practitioners can expect will be increasingly applied by the Family Remedy Court locally – with little, if any, exception – it is crucial that we all are familiar with the basic requirements covered – I have asterisked * commentary on those requirements which need particular attention….

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