Family Matters Issue 8: October 2023 Editor's Note Recent months have seen a number of developments in family law and practice, as well as the announcement that the law on financial remedy is to be reviewed by the Law Commission. Read the full note News Law Commission review of financial remedy on divorce The Law Commission has been tasked with reviewing the law of financial remedy on divorce, with a scoping report to be published in September 2024. News DR v UG [2023] EWFC 68 – Special contribution argument fails The husband was a board member and driving force behind a pharmaceutical business and a world-leading manufacturer of a medical product, based in England. News Consultation on supporting earlier resolution of private family law arrangements The Ministry of Justice has carried out a consultation on the earlier resolution of private family law arrangements, with an emphasis on steering parties to private law children and financial remedy disputes toward mediation. News Unger and another v Ul-Hasan (deceased) [2023] UKSC 22 – application for financial remedy cannot continue after the death of the respondent Ms Hasan had started proceedings under Part III of the Matrimonial and Family Proceedings Act 1984 (MFPA) after the parties' divorce in Pakistan in 2012. News James v Seymour [2023] EWHC 844 (Fam) – Mostyn J refines approach to Child maintenance "Top-up" awards In a previous decision (CB v KB [2019] EWFC 78) Mostyn J suggested that, where a paying parent's income is between the Child Maintenance Service (CMS) statutory maximum (£156,000) and £650,000, that the CMS formula should still be applied. News SW v IB [2023] EWFC 42 – Challenge to arbitral award in children proceedings. The parties had been engaged in proceedings in relation to their child and agreed to resolve matters by way of arbitration, with a determination being produced in December 2022. The mother objected to the determination and applied to the court. The father sought that the determination be upheld. News Tsvetkov v Khayrova [2023] EWFC 130 - Guidance on approach to allegations of conduct. This case involved assets assessed by Peel J at £48 million. There had been 11 court hearings and a variety of interlinked proceedings in other courts. Subscribe Never miss a publication by signing up to our mailing list Subscribe Family Matters: Subscribe Family Matters Issues Issue 8 Oct 2023 Issue 7 Mar 2023 Issue 6 Sep 2022 Issue 5 Feb 2022 Issue 4 Aug 2021 Issue 3 Feb 2021 Issue 2 Sep 2020 Issue 1 Jan 2020 Share
News Law Commission review of financial remedy on divorce The Law Commission has been tasked with reviewing the law of financial remedy on divorce, with a scoping report to be published in September 2024.
News DR v UG [2023] EWFC 68 – Special contribution argument fails The husband was a board member and driving force behind a pharmaceutical business and a world-leading manufacturer of a medical product, based in England.
News Consultation on supporting earlier resolution of private family law arrangements The Ministry of Justice has carried out a consultation on the earlier resolution of private family law arrangements, with an emphasis on steering parties to private law children and financial remedy disputes toward mediation.
News Unger and another v Ul-Hasan (deceased) [2023] UKSC 22 – application for financial remedy cannot continue after the death of the respondent Ms Hasan had started proceedings under Part III of the Matrimonial and Family Proceedings Act 1984 (MFPA) after the parties' divorce in Pakistan in 2012.
News James v Seymour [2023] EWHC 844 (Fam) – Mostyn J refines approach to Child maintenance "Top-up" awards In a previous decision (CB v KB [2019] EWFC 78) Mostyn J suggested that, where a paying parent's income is between the Child Maintenance Service (CMS) statutory maximum (£156,000) and £650,000, that the CMS formula should still be applied.
News SW v IB [2023] EWFC 42 – Challenge to arbitral award in children proceedings. The parties had been engaged in proceedings in relation to their child and agreed to resolve matters by way of arbitration, with a determination being produced in December 2022. The mother objected to the determination and applied to the court. The father sought that the determination be upheld.
News Tsvetkov v Khayrova [2023] EWFC 130 - Guidance on approach to allegations of conduct. This case involved assets assessed by Peel J at £48 million. There had been 11 court hearings and a variety of interlinked proceedings in other courts.