header-logo header-logo

23 February 2024 / Catherine Doherty Montanaro
Issue: 8060 / Categories: Features , Family , Divorce
printer mail-detail

Family court backlogs & divvying up the family silver

160019
Despite the 2022 reforms, separating couples may wait years for financial remedy proceedings to be concluded. Catherine Doherty Montanaro considers the implications
  • The backlog in cases means financial remedy proceedings are slow to come to court. But the treatment of income and assets amassed during a period of separation is unclear, as is the issue of deferred consideration.
  • The court is leaning towards including deferred consideration in situ at trial when calculating the matrimonial assets available for division, except those acquired more than 12 months after separation. But each case is different.

Following the April 2022 law reforms, there is now no requirement to wait for any period of time before proceeding with a no-fault divorce and related financial application. However, the backlog of cases slowing down the family courts means that often, the reality is that couples have been separated (emotionally if not also physically) for many months, if not years, by the time their financial remedy application is considered by a judge.

While it is established law that (subject

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
back-to-top-scroll