The issue of conduct is one often raised by litigants in financial remedy cases. The court’s treatment of it, however, is often not what the parties would wish it to be, often because the court considers the parties’ needs to be the guiding principle for consideration – one that is thought to ‘trump’ all other […]
About Rupert Chapman
Entries by Rupert Chapman
The issue of the distribution of property acquired by a party to divorce proceedings acquired by them outside of the marriage has for some time been a topic of debate. The court has, since the landmark case of White v White, applied the principle of sharing the assets of the parties, with a yardstick of […]
In the latest judgment in the long running case of Goyal, Mostyn J has concluded that the pension sharing provisions contained in section 24B of the Matrimonial Causes Act 1973 cannot be used to share a foreign pension scheme, contrary to the view of the Court of Appeal in the same case. The Court of […]
As of October 3rd 2016, appeals from orders made by Circuit Judges and Recorders in most private law family proceedings will be heard by a High Court Judge rather than by the Court of Appeal as had previously been the case. The Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) (Amendment) Order 2016 […]
A number of previous cases have been used in support of the assertion that the court in considering an application for variation of spousal periodical payments must consider the case de novo and reapply the s. 25 criteria from scratch. In Flavell v Flavell  1 FLR 353 Ward LJ held that “the court is […]
In the recent case of Morris v Morris  EWCA Civ 812 the Court of appeal has restated the importance of the accused’s right to silence in Committal Proceedings. The husband appealed against a committal order made on the wife’s application by judgment summons for arrears due under a periodical payments order, as well as […]
At the recent Exeter Court user’s group the Designated Family Judge drew to the attention of attendees the judgment of the Supreme Court in the case of Re LC (Children) UKSC 1. Handed down in January last year the case considers the extent to which an adolescent child’s own state of mind can be considered […]
In the case of Graham-York v York  EWCA Civ 72 the Court of Appeal has considered the proper approach to the quantification of beneficial interests since the Supreme Court’s judgment in Jones v Kernott. The appellant, Miss Graham-York had lived with a Mr York until his death in a property purchased in his sole […]
The Supreme Court has handed down its judgment in the case of Wyatt v Vince, overturning the Court of Appeal’s earlier judgment and refusing to strike out Mrs Wyatt’s claim for financial provision.
In the context of the substantial cuts to the legal aid budget and the removal of legal aid for most family cases, the courts have in recent months given guidance on how parties who find themselves ineligible for legal aid but unable to afford representation can obtain assistance in court.