Latest Updates

Family Flyer 67

March 10, 2018

Tobias v Tobias [2017] EWFC 46: Mostyn J – guidance on applications for freezing orders, ex party orders and use of the out of hours judge

  1. W was in the FMH and H in a care home.  H applied for an ex party freezing order upon the FMH, which was charged in favour of commercial creditors and the Local Authority for unpaid council tax.  H also had registered a FLA 1996 notice of home rights.
  2. H’s application was to the out-of-hours High Court judge albeit there was no emergency.  His statement supporting the application was defective in failing to list the secured commercial debts, as was the application and there was also no divorce petition issued.

To view the full flyer please click here.

Family Flyer 66

March 10, 2018

Sharp return to uncertainty in divorce finance distribution – Sharp v Sharp [2017] EWCA Civ 408.

1. This Flyer is longer than most – for good reason – it contains substantive new law.

2. The ONS – 2013 showed 34% of marriages had ended in divorce by the 20th marriage anniversary. Hence, the risk to married couples of undergoing the trauma and cost of divorce remains significant. Resolution’s survey in 2014 found 28% of the separated adults taking part had taken out additional borrowing as a direct result of their relationship break-up (http://www.resolution.rg.uk/site_content _files/files/reso).

To view the full flyer please click here.

Family Flyer 65

March 10, 2018

Short Marriage Assessment of Quotidian Needs – FF v KF [2017] EWHC 1093 (Fam) (Mostyn J)

Whilst few of us will have used the adjective ‘quotidian’ this year or, let’s face it, in our lifetime – its’ use within Mostyn J’s recent judgment on appeal immediately in front of ‘needs’ does, at least, make us first check our web dictionaries as to its meaning and then, once hooked, to actually read a highly economic dispatch by His Lordship of the issues in a case which occupied the Manchester Money Judge, HHJ Wallwork, five days of hearing – mostly, according to Mostyn J, in addressing the ‘completely irrelevant’ subject of the level of the parties’ marital acquest, which W claimed was £3m when H had already in an open offer proposed more than half of that amount anyway and when both parties’ open positions ‘were predicated on an assessment of the wife’s needs’ (para 7).

To view the full flyer please click here.

Family Flyer 64

June 19, 2017

Equity of Exoneration – The Modern Application – analysis of Armstrong v Onyearu & Another [2017] EWCA Civ 258

  1. Once I mention Trustee in Bankruptcy – I can anticipate, like ITVs ‘Take me Out’, many family practitioners’ lights going out. But as Paddy McGuiness might say (apologies in advance) – let the ratio see the decidendi! .
  2. Yes this case was an appeal in respect of a Trustee in Bankruptcy’s claim that the W’s interest in the family home was subject to a secured loan, which had been used for H’s business

To view the full flyer please click here.

Family Flyer 63

June 19, 2017

Variation of Executory Orders

The Court of Appeal in the case of Bezeliansky v Bezelianskaya [2016] EWCA Civ 76, has recently reviewed the extent of the Court’s Thwaite v Thwaite (1980) power to vary the terms of any final order made, including those by consent.

Facts:

The Court was dealing with an appeal in respect of a consent order made by Holman J in 2013 upon the parties’ respective financial claims following their divorce.

To view the full flyer please click here.

Cohabitation New Edition

June 1, 2017

Cohabitation

Law, Practice and Precedents

£99.00

This work provides commentary, checklists, procedural guides and precedents on the subject in a single volume

http://www.jordanpublishing.co.uk/practice-areas/family/publications/cohabitation#.WTqPCmjyuUk

Australia 2017

February 9, 2017

On the 8th February 2017 Ashley delivered at the request of O’Sullivan Davies, Solicitors a seminar on “The History of and Present Approach to Prenuptials in England and Wales” to an audience of family lawyers in Perth, Australia.

O’Sullivan Davies, Solicitors act for high value clients in Australia, Europe and the USA.

Family Flyer 62

January 17, 2017

Pre-Nuptials – Quality, Clarity, Practice and Cost

It is suggested that there should be some concern over the direction pre-nuptial work in practice is taking, the widely differing quality of drafting experience and the ever rising costs being faced by the client in the process.

Click here to read more.

Family Flyer 61

January 17, 2017

 

As family lawyers we are all familiar with the anxieties of clients over mounting costs in a divorce financial claim.  The days when a client expected to write a blank cheque for the privilege of their legal advisor to represent them have long gone – and frankly – good riddance.

Click here to read more.

Family Flyer 60

January 17, 2017

A summary of ‘Guidance on Financial Needs on Divorce’ (June 2016) published by the Family Justice Council Financial Needs Working Group.

Click here to read more.

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