All articles by Andrew Newbury – Page 2
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FeatureFamily: Undertakings and variations
Birch v Birch emphasises the variation of family orders.
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FeatureFamily: sharing foreign pensions on divorce
How will a significant change from established practice affect the court’s power to rule on foreign pensions?
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FeatureFamily: financial needs on divorce
The Family Justice Council’s latest guidance is essential reading.
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FeatureFamily: needs and standard of living
The issue for many judges is the period over which the standard of living enjoyed during a marriage is to be maintained.
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FeatureFamily law: offsetting pensions
A considered overview of offsetting pensions in financial remedy orders helps fill a gap where there is precious little guidance.
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FeatureFamily law: setting aside orders
The court will be heavily influenced by what the parties have agreed.
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FeatureChanges to the family court
Practical overview of changes in the operation of the family court.
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FeatureCourt bundles – be warned
The run of recent cases on the issue is essential reading for practitioners if they wish to avoid being named and shamed.
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FeatureFinancial remedy and Wyatt v Vince
The key issues in the ‘highly unusual’ divorce case involving energy entrepreneur Dale Vince and his ex-wife.
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FeatureSpousal maintenance
Disputes related to this are often the main bar to divorcing couples resolving financial disagreements. Recent comprehensive guidance aims to help.
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FeatureFinancial remedy applications
A summary of the significant procedural developments affecting applications in the family court.
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FeatureLegal services orders
A recent decision should herald an increase in the use of legal services orders.
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FeatureCounting the cost post-separation
Problems can arise when taking into account bonuses earned after a couple have separated.
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FeatureFamily: applications for freezing orders
A recent judgment is absolutely essential reading for any practitioner specialising in financial remedy applications.
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FeatureDelay and strike-out in financial remedy proceedings
Andrew Newbury looks at the introduction of family rules which allow a strike out of a statement of case.
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News
Legal services orders
Since 1 April the family courts have had the power to make a legal services order, which is a new form of interim order compelling one spouse to make provision for the other’s legal costs. Although on the face of it, it is a significant change to the courts’ powers ...
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News
Maintenance pending suit applications
There are few reported cases in respect of maintenance pending suit applications. A recent example, however, was the appeal decision of Coleridge J in S v M [2012] All ER (D) 175 (Nov).
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News
Add-backs and costs
Add-back arguments in financial order proceedings tend to arise in two situations: in respect of costs, where one party has incurred significantly higher costs than the other; and where one party has dissipated assets and those assets should be added back to that party’s share. ...
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