header-logo header-logo

14 October 2016 / Geraldine Morris
Issue: 7718 / Categories: Features , Family
printer mail-detail

At a safe distance

Geraldine Morris considers when applications within financial remedy proceedings should be heard separately

  • How the requirement as to a committal application will impact on any other applications in the proceedings.
  • Is the court requited to consider the parties’ circumstances de novo on an application to vary?

One of the oddities of family law, at least from a client’s perspective, is that while the client may view “their case” in the singular, in reality, there may be several separate strands before the court, for example, the divorce (usually straightforward), financial provision (generally one application before the court, but with the potential to branch off down different routes particularly if enforcement is required), and arrangements for any children (hopefully, in most cases, capable of agreement without proceedings being issued, but sometimes not). And different rules and principles may apply to these different strands. When a scenario arises whereby separate applications and hearings are required, clients may think that this is just an opportunity for their lawyers to charge them yet more fees, but in some cases,

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

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
back-to-top-scroll