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

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll