The Practical Lawyer


Financial remedies – delay in application

H was not entitled to financial remedies when he applied 26 years after the decree nisi was granted. The parties married in 1983, but the marriage broke down in 1991.

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Financial remedies – company assets

A recent ruling illustrates when a court can treat a company-owned asset as as a matrimonial asset.

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Procedure – standard orders

The President of the Family Division has issued an addendum to the Practice Guidance: Standard Financial and Enforcement Orders – Update issued by him back in November 2017.

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Financial orders – future earning capacity

H’s future earning capacity was not a matrimonial asset for the purposes of a financial settlement, the Court of Appeal has ruled.

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Procedure – evidence requirements; domestic violence gateway

A Law Society practice note, Changes to the evidence requirements for legal aid funding in Private Law Family cases (domestic violence gateway), has been produced.

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Procedure – interim orders for sale

While recent decisions demonstrate the power of the family court to order the interim sale of a property, how that power can be exercised remains in dispute, says the author of this useful article.

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Procedure – UKVI

A protocol on Communicating with UK visas and immigration (UKVI) in family proceedings, enabling the Family Division of the High Court of Justice and the Family Court to communicate with UKVI, has been published.

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Financial orders – pre-marital agreement

The judge had not made an error of law, or erred in the exercise of his discretion in making an award which W was not satisfied with.

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Divorce – contempt of court

H’s disregard of court orders was motivated by resentment, the Court of Appeal found. The CA rejected H’s appeal against a decision sentencing him to 14 months in prison for contempt of court.

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Divorce – financial need

Divorce practitioners should note that the Family Justice Council has published its second edition of Guidance on ‘Financial Needs’ on Divorce.

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