Finances

When a married couple divorce in England, the Matrimonial Causes Act 1973 provides a wide range of financial provision for the spouses.  Where an unmarried couple have a child together, the parent with care may have to seek financial provision for the child under Schedule 1 of the Children Act 1989.  

This article explores the decision in the case of PG v TW (no.2) (Child: financial provision).

Marital agreements are not yet part of English cultural life. But undoubtedly family lawyers are now being increasingly asked to draft them. For many of us, our continued anxiety and worry is the pressure put on the financially weaker party, often although not always the wife, to enter into an agreement which is less good than relying on the law. Sometimes it can be very disadvantageous.

by Emma Nash

Q: Why does the timing matter of the application for the final decree of divorce?

A: Because it brings the marriage to an end.

by David Hodson OBE

What is the situation? 

A couple on relationship breakdown abroad reach a financial settlement which involves sharing a pension based in England and Wales, sometimes based in the UK.  It may be pursuant to a foreign court order or a binding financial agreement.

What is the attitude of English pension companies?

David Hodson OBE 

iFLG provides guidance on enforcing financial orders through the Courts in England

Many parents are able to agree child maintenance, or where necessary have to involve the Child Support Agency. Our iGuide explains more about child support arrangements.

The family court has wide powers to make financial orders. Here is our iGuide setting out the types of issues that the court will take into account when making a financial order.

The enforcement of orders abroad can be a complicated process. This iGuide explains a little of the procedure involved.

If you were married outside of England and Wales it is important to know whether your marriage will be recognised here. This iGuide explains the requirements for a marriage to be recognised here.

The court process is designed to encourage parties to reach agreement with the assistance of the court. Our iGuide sets out in detail the court procedure for resolving financial matters.

This iGuide provides an introduction to tax issues on divorce for the tax year 2016/2017.

iFLG provides guidance on the variation of financial orders 

The enforcement of orders made abroad in England is a complex area. Here is our iGuide to the process.

In this article David Hodson OBE considers the law around breaking and setting aside consent orders made within the family court.

It includes an analysis of seting aside orders due to non disclosure, fraud and misrepresentation, new or supervening events and undue influence.

David Hodson speaks on what is the law in England on financial outcomes on marriage breakdown. It has been the subject of two major House of Lords decisions and numerous Court of Appeal and High Court reported cases in the past six years. Yet many practitioners in England and abroad are confused by what is the state of the law. One thing is certain, looking to statute law will not provide an answer!

David Hodson speaks on family cases with an international dimension. For a lawyer dealing primarily with purely national cases, it can be rather a shock when a case arrives with an international element. What should the practitioner be alert to and what issues should be looked at?

Lucy Loizou and Katie Harris discuss issues around child support and maintenance

Stuart Clark and Lucy Loizou discuss the rights of unmarried couples and their children

In this article David Hodson OBE considers issues relating to the drafting and making of consent orders within the family court.

The analysis includes a definition of a consent order and what is required within it.

In this article David Hodson explores in detail the law behind whether you can break, or set aside, financial orders in the family court.

This article proposes formulae for calculating capital distribution and spousal maintenance on divorce. It does not seek to replace or reform the law. It seeks to help some couples and lawyers make better progress to a settlement and provide more certainty and predictability. The formulae are relatively easy to operate and can be adapted to IT Web based resources.

David Hodson speaks on the concept of residence in English law, as it is the primary basis for jurisdiction. There have been recent case law developments bringing England closer into alignment with the European family law.

Lucy Loizou talks with Hannah Budd about the recognition of foreign marriages and divorces and whether you can claim further financial provision in the event that you have been divorced abroad and feel that you have received an unfair financial outcome

Fatimah Farag, assistant solicitor, looks at the recent decision of AAZ v BBZ and the Court’s approach to the parties’ huge levels of wealth.

AAZ v BBZ, C Ltd and P Ltd [2016] EWHC 3234 (Fam), a financial relief case heard by Haddon-Cave J in late November and early December 2016 with judgment released on 12 May 2017, sees the High Court make one of the largest awards in an English case. 

Stuart Clark and Jenny Green consider the law on special financial contributions on divorce following the case of Cooper-Hohn.

This article looks at what factors are taken into account when a divorcing couple has to separate their financial assets and also considers what the split will be and how that split is calculated.

FamilyLaw.co.uk: David Hodson sets out in four separate opinion pieces different areas where he believes it is very important that family law powers are drawn back from the EU, repatriated, in circumstances where there has been excessive powers taken by the EU for itself.

Since 1 April 2013 the courts have had the power to order a party to pay to the other an amount to enable them to pay for legal services within certain family court proceedings. This article explores the first guidance from the courts on these applications.

Even though there has been a divorce abroad the English Family Court has discretion to make a financial order against a former husband or wife. This can overcome financial hardship when the divorce courts of the other country made an inadequate financial settlement.

Have you complied with the terms of the order?

David Hodson considers the recent Opinion of an Advocate General of the European Union Court of Justice (CJEU) which seems to set out a potentially significant widening of jurisdiction in EU family law finance cases, and perhaps even divorce cases, based on the supremacy of the best interests of the child. 

Can the family court order the family home, or indeed any other family property, to be sold (with vacant possession given on sale) and the proceeds distributed on an interim basis before the final financial settlement?  The power to make this order is often vitally needed at an interim stage by practitioners and their clients in circumstances where, for example, there are considerable debts, it is known that the property will eventually be sold and perhaps one spouse is doggedly refusing to t

Pensions within family law is a complex topic. When there is also an international element, the subject can become exceedingly complex. The issue may arise when there are English proceedings with a foreign pension, foreign proceedings with an English pension and in decisions taken about appropriate forum for the proceedings. The issue may arise before the final order and settlement is made or on implementation and enforcement. This article was published in the Family Law Journal (Legalese).

Hannah Budd of iFLG considers the background of the non disclosure cases of Sharland v Sharland and Gohil v Gohil leading up to the Supreme Court Judgment in October 2015.

iFLG consider the impact of the changes to the tax treatment of non-dom's arising from the July 2015 budget and the potential impact of that on family law matters.

The Supreme Court is this week hearing the combined appeals on two cases concerning the non-disclosure of assets in financial proceedings.

There are many different ways to resolve cases without the need to go to court. Here is our iGuide in relation to out of court settlements.

Advice and information on what to expect when you attend at court.

iFLG have submitted their response to the Law Commission’s consultation in relation to the enforcement of family financial orders.