All articles by Andrew Newbury – Page 2
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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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News
Spousal maintenance - part two
In my last article I considered the courts’ approach to the quantum of periodical payments (see [2012] Gazette, 24 May, 16). Recent decisions have seen an increased focus on needs as the prevailing factor when quantifying such payments. In a similar vein, and perhaps reflecting a less generous approach to ...
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News
Spousal maintenance - how much and for how long?
These two questions vex even the most experienced family law practitioners. Disputes over spousal maintenance often preclude an early settlement. Many practitioners have also commented that the approach to an award of spousal maintenance around the country is widely inconsistent, with regional variations being particularly noticeable.
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News
Non-disclosure of assets in divorce proceedings
Is the non-disclosure of assets a common problem within divorce proceedings or not? Is it simply the case that suspicious spouses expect the worst of their soon-to-be former partner? Is it just the case that family lawyers are a cynical bunch? The 2011 Grant Thornton matrimonial ...
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