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The Review

Improving the effectiveness of FDRs

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.

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The Review

Thwaite to the rescue?

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.

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Financial Applications

It is important when getting divorced, or when dissolving a civil partnership, to consider the financial issues that arise out of the separation such as (a) what will happen to any house, or investments, you and your spouse or civil partner own (b) how should any pensions be divided between you and (c) what financial support will be provided going forward.

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What family lawyers need to know about criminal law: Complainants

Although Corker Binning is a specialist defence firm, we appreciate that family lawyers experience both sides of a criminal investigation in representing both complainants and the subjects of those complaints.

We often receive enquiries via family lawyers from complainants, or potential complainants, seeking advice on the procedure and likely consequences of criminal investigations and proceedings. Whilst it is not usually necessary for complainants to receive formal criminal law advice (although this can be arranged, for example where a client is particularly anxious about the process of providing evidence to the police, or where there is a risk of a counter-allegation), we are always happy to share the benefit of our experience.

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What family lawyers need to know about criminal law: Restraint and confiscation

Although outside the jurisdiction of the family court, restraint and confiscation orders make reasonably frequent appearances in these proceedings. This is perhaps unsurprising, as most of us would likely give some thought to the future if it came to light that our spouse was involved in significant financial or organised crime, which could result in confiscation of family assets. As such, it is not unusual for suspects faced with a criminal investigation or prosecution to also find themselves contemplating divorce. Given the possibility of these regimes butting heads as they compete for the family assets, it is helpful for family lawyers to have a grasp of restraint and confiscation orders, and their interaction with financial proceedings.

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