Knowledge and resources

This guide is intended to assist practitioners in advising clients on when expert evidence is required, and instructing the expert in such a way as will be of maximum benefit to the client in assisting them, or the court, in reaching a resolution of a matter in dispute between the parties.

Marital agreements are becoming an everyday part of many family lawyers’ workload and it is in recognition of this increasing role that this guidance note on dealing with them has been revised. If these agreements are not a mainstay of your practice then it is important for you to consider instructing specialist counsel to provide an opinion on the content of the proposed agreement, review the advice you have given or draft the agreement itself.

It is important when getting divorced, or when dissolving a civil partnership, to consider the financial issues that arise out of the separation. Most couples try to reach a financial settlement without having to ask the court to determine their financial claims, however, some couples are not able to come to an agreement in relation to their finances and need to make a financial application to the court. Where an application is made the couple will still be encouraged to try and come to a settlement themselves within those proceedings but ultimately a judge will impose an outcome on them if they cannot. Below we set out the court process.

The new concept of economic crime is raising the spectre of “conduct” in financial proceedings, and may need PD12J-style judicial guidance

Guest v Guest provides some welcome clarification of proprietary estoppel, but no case law can remedy the fundamental injustice of our cohabitation laws

This case considered s27 of the Matrimonial Causes Act 1973, the correct approach to applications under that section, and procedural unfairness when a point of law is raised by the judge

Do Mostyn J’s remarks on transparency and costs herald wide-ranging changes?

Is there a risk that the concept of coercive and controlling behaviour could have unintended consequences in financial remedy cases, introducing blame just as no-fault looked to have left it behind?

This is a checklist of the main points a solicitor or direct access barrister should bear in mind when accepting instructions from a LiP. It begins with general issues and is then divided into sections according to the stage of the proceedings.

I had the pleasure of joining a talk with Ian Hawkins and Steven Hennessy on this topic and the first question I had was what exactly is a financial neutral?

In E v L [2021] EWFC 60 Mostyn J provided helpful new insight into the application of historical company valuations in family financial proceedings. Here the accountancy SJE in the case reflects on what lessons can be learned.

AEOs can be powerful tools to ensure payment so maintenance, but the exact rules are rigid and need to be followed carefully.

In Derhalli v Derhalli [2021] unexpected developments in the housing market pending sale of the FMH could not change the fundamentals of an already-agreed consent order.

Mostyn J has raised the spectre of a Supreme Court reconsideration of financial claims following the death of a party.

Family lawyers are always avidly aware that a successful FDR hearing, or at the very least a clear indication, can make or break a case. The indications are important to move the matter forward and limit unnecessary expenditure, but also to guide both the client and the practitioner as to the likely interpretation of the court regarding the issues in dispute.

The rarely used Thwaite jurisdiction offers an important alternative to Barder where a client seeks adjustment of a financial remedy order because subsequent events - such as the consequences of the Covid-19 pandemic - render the original order unfair.

Practice and procedure – court ordered adjournment to encourage non-court dispute resolution –r3.4 FPR – Case management.