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

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll