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29 April 2021 / Jenny Duggan
Issue: 7930 / Categories: Features , Family , Divorce , Covid-19
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COVID & divorce: in sickness & in health…

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Could COVID-19 set aside your divorce settlement? Jenny Duggan explores the possibilities
  • In the recent case of FRB v DCA [2020] EWHC 3696, the court held that the COVID-19 pandemic was not an unforeseeable event which entitled a husband to set aside the final financial remedy order made on his divorce.
  • This article examines the decision and considers whether the COVID-19 pandemic might be grounds for setting aside a financial remedy order if the situation is different to that in FRB v DCA.

A little over a year ago, Britain faced its first lockdown. The world pressed pause, and no one was quite sure what would happen next. This was no exception for couples who had reached a financial settlement in their divorce shortly before the pandemic took hold.

A final financial remedy order sets out the financial agreement reached between a divorcing couple. It represents the end of financial negotiations, and provides the finality most people need to move forward. For this

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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