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Court of Appeal decision of Radmacher - An article by David Hodson
David Hodson explains the recent important Court of Appeal decision of Radmacher, giving much greater importance under English law to pre-marriage and other domestic agreements including when it would have been binding on the couple in their own home countries
Download the file 
radmacher.pdf (152.89Kb)
Myerson - Don’t go there? Setting aside divorce settlements because of dramatic financial changes
This note considers the Court of Appeal judgment of Myerson concerning the prospects of setting aside a divorce settlement because of the dramatic change in the economy. Although the Court of Appeal gave a firm indication that such applications would be unlikely to succeed, nevertheless we consider that there are still good reasons to be cautiously optimistic in seeking to set aside a final family court order where there have been dramatic changes in the finances as a consequence of the recession.
This article by Punam Denley was published by Family Law Week in May 2009.
Download the file myerson2.pdf (170.66Kb)
Child maintenance and support
This is the iGuide on child maintenance and support.
Download the file CSA1.pdf (114.87Kb)
Financial provision: orders on divorce
This is the iGuide on financial provision: orders on divorce.
Download the file ADR_orders.pdf (107.90Kb)
Financial Provision: Court hearings
This is the iGuide on financial provision – court hearings
Download the file ADR_court_hearings.pdf (112.85Kb)
Financial provision: considerations for the court
This is the iGuide on financial provisions – considerations for the court.
Download the file ADR_considerations.pdf (106.41Kb)
Financial provision procedure flowchart
This is the iGuide on financial provision procedure (flowchart).
Download the file AR_procedure.pdf (63.01Kb)
Marital agreements
This is the iGuide on marital agreements.
Download the file marital_agree1.pdf (131.07Kb)
Costs
“We simply cannot go on as we are. The expenditure of costs on the scale exemplified by this and by too many other such cases is a scandal which must somehow be brought under control.” This quote from the recent case of KSO v MJO [2008] EWHC 3031 (Fam) has again sparked interest because of Munby J’s outspoken comments on the issue of disproportionate costs. This is an article written by Jamie Donaldson and David Hodson published in March 2009 Family Law Journal.
Download the file jenny2.pdf (199.02Kb)
Charman - Sharing in the face of the Dragon
Paper written by David Hodson on the impact and practical application of the Court of Appeal judgement in Charman. This article was published in Family Law Week
Download the file charman.pdf (251.76Kb)
The Family Home: what orders will the court make?
Notes of a seminar given by David Hodson, June 2007
Download the file familyhome.pdf (289.10Kb)
Capital Calculation Formula
This formula is based on the article “Financial provision: a formula will do nicely!” (see below). It is intended to produce a starting point for resolution and assist calculation of capital. Legal advice should always be taken.
Tax Guide
For couples including on separation and divorce.
Download the file TAXGUIDE2008.pdf (221.33Kb)
New costs rules
Article in April 2006 Family Law magazine explaining the rules on costs in financial proceedings which changed significantly in April 2006, with an expectation that each party was responsible for their own costs but with implications for offers made including privileged offers and the treatmnet of outstanding costs.
Download the file new_cost_rules.pdf (262.71Kb)
Making, drafting and breaking Financial Consent Orders
Lecture notes on the background to consent orders.
Download the file consent_orders.pdf (217.30Kb)
What is fairness?
Pre White calls for reform, published as an editorial in March 1999 Family Law magazine.
Download the file fairness.pdf (113.01Kb)
“Financial Provision? A formula will do nicely, Sir”
The article in January 2007 Family Law magazine for a formula as a starting point for consideration of capital division and spousal maintenance.
Download the file fin_provision_formula.pdf (160.71Kb)
What is Miller?
Lecture notes about this case, in 2006 and following on from the watershed case of White in 2001, which has dramatically set out the present law on financial outcome including introducing the three strands of the needs, compensation and sharing.
Download the file whatismiller.pdf (341.93Kb)
Court procedure for resolving financial claims
The procedure for a financial claim on marriage breakdown through the courts including timetable, forms and what will happen at each hearing.
Download the file fin_procedure.pdf (145.49Kb)
Working out financial outcomes
How the law and lawyers go about working out the outcomes for fair financial settlements.
Download the file fin_outcomes.pdf (160.05Kb)
Summary of the law of financial settlements
An exceptionally brief summary of the law on financial settlements, which might be useful as a basic starting point for an understanding of the subject.
Download the file fin_out_sum.pdf (110.94Kb)
Spousal Maintenance/Alimony Calculation Formula
This formula is based on the article Financial provision: a formula will do nicely! It is intended to produce a starting point for resolution and assist calculation of spousal maintenance. Legal advice should always be taken.
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