Latest Updates

Family Flyer 95

April 27, 2022

The Private FDR – in indelible ink – AC v CS (2021) EWHC 34 Mostyn J.

If there had been any thought by matrimonial practitioners that the provision for Private Financial Dispute Resolution (“PFDR”) in divorce financial remedy proceedings was a passing fad – then think again. 

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Family Flyer 94

April 27, 2022

Consent Orders – A Guide to Interpretation – an analysis of Derhalli v Derhalli [2021] EWCA Civ 112

Introduction:Interpretation of Consent Orders is an exercise often embarked upon a considerable time after an order was made and invariably after the financial geography of the respective parties has altered considerably from that which formed the basis of the negotiation leading to the order in the first place. Such changes can result in the party worst affected by the subsequent changes to take up stances as to the meaning of the words used in the Consent Order which would have been untenable if raised at the time.

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New Ranking

October 25, 2021

“Ashley has now uniquely on the Northern Circuit completed over 2 decades of being consistently placed year by year in Band 1 as Matrimonial Finance Counsel by both of the National Professional Legal Directories: Chambers and Partners 2022 and Legal 500 2022.”

“Band 1 Ashley Murray – Specialises in advising on divorce and related financial remedy issues.  He regularly advises clients on complex prenuptial agreements and represents high-profile individuals in ancillary relief cases.

Strengths: “Ashley is an absolute pleasure to deal with: always thoroughly prepared, his bedside manner puts clients immediately at ease and his knowledge of the law is second to none.”  “He has meticulous preparation and his attention to detail is phenomenal.  He has such a good grasp of the law; if he says something, judges will go with it.” – 2022, Chambers and Partners

Family Law Journal [2021] March 331

April 22, 2021

The impact of FPR 2010 Part 4.6 on Financial Remedy Applications for Permission to Appeal Out of Time

The process of an application to proceed out of time – has long been presented in family cases as a review of “all the circumstances”, not least, the merits of the substantive application succeeding. MG v AG now coalescences the CPR and FPR approaches when dealing with such applications in financial remedy cases.

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Family Flyer 93

April 22, 2021

Private FDR Remote Hearings – Reduced Fixed Fee Update

A. Reduced Covid-19 FDR Fee:

Substantive family finance cases are, as with all other cases across the Court Divisions, in the aftermath of the Covid-19 pandemic now significantly delayed and are likely to continue to be so well into the 2022. Unfortunately, this will have serious family, financial and emotional consequences for divorcing couples about to be or already engaged in divorce proceedings.

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Family Flyer 92

April 22, 2021

The “Matrimonialisation” of Non-Matrimonial Assets

WX v HX and others (Treatment of Matrimonial and Non-Matrimonial Property) (2021) EWHC 241 – Roberts J.

Introduction:

Donald Rumsfeld, the former US Secretary of Defence in interview about a film documentary entitled “The Unknown Known – the Life and Times of Donald Rumsfeld” – himself became confused about what was meant by his own use of the phrase he had famously employed at a news briefing in 2002 concerning the existence of weapons of mass destruction in Iraq. 

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Family Flyer 91

April 22, 2021

MPS applications – Broad Assessment Only

Rattan v Kuwad [2021] EWCA Civ 1

Introduction:

This case of Rattan v Kuwad [2021] EWCA Civ 1 is the first Court of Appeal review of maintenance pending suit in over a decade (see Moore v Moore (2009) EWCA Civ 1427), albeit the decision serves to re-emphasise what hopefully all family law practitioners will already know – a knowledge which appears to have been lost to the Circuit Judge (“CJ”) involved and a good example why the FRC is a welcome replacement of the old judicial ticketed system when dealing with appeals from financial remedy first instance decisions. 

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Family Flyer 90

April 22, 2021

The Impact of FPR 2010 Part 4.6 on Financial Remedy Applications for Permission to Appeal Out of Time

MG v AG (Appeal Out of Time) (2020) EWFC B49

Introduction: The process of an application to proceed out of time – has long been presented in family cases as a review of “all the circumstances”, not least, the merits of the substantive application succeeding. MG v AG now coalescences the CPR and FPR approaches when dealing with such applications in financial remedy cases.

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Family Flyer 89

April 22, 2021

Set Aside Powers – There’s Nothing New Under the Sun

CB v EB – Mostyn J

Introduction:

The formal process required to initiate the Court’s jurisdiction to set aside matrimonial final orders has long been the subject of contentious debate and over complication matched only by an extended discussion at all levels of our judicial system as to the extent of the power itself. In this recent Judgment in CB v EB (2020) EWFC 22 by Mostyn J there has been a determined effort to finalise the position.

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Family Flyer 88

April 22, 2021

Non-Matrimonial Pension Accrual in Low Value Cases.

KM v CV (Pension Apportionment: Needs) [2020] EWFC B22

Introduction:

High Court and Court of Appeal decisions in family financial remedy matters rarely deal with the low income /low asset cases, which most other Courts have to wrestle with on a daily basis. In addition, in many cases involving pensions before the Courts some form of argument is still invariably presented suggesting that where there has been any non-matrimonial accrued pension contribution the same should lead to an apportionment of the pension being undertaken before any division occurs for pension sharing purposes. 

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