Latest from the blog

Featured Image
Blog

Sequestration Orders and the Sale of Property for Legal Costs: Insights from AB v CD [2024] EWHC 2521 (Fam)

In AB v CD [2024] EWHC 2521 (Fam), the High Court tackled a complex and challenging situation involving the enforcement of child arrangement orders across international borders. The case sheds light on how courts …
October 9, 2024
Featured Image
Blog

Resolution Report on Domestic Abuse in Financial Remedy Proceedings

Resolution has published a ground-breaking report addressing the intersection of domestic abuse and financial remedy proceedings in divorce and separation cases. The report, the result of an 18-month research project, highlights the pressing need …
October 8, 2024
Featured Image
Blog

Shakespeare’s Family Law: Exploring Divorce Through the Lens of Classic Tales – The Taming of the Shrew

When we think of Shakespeare, we imagine timeless stories of love, tragedy, and human folly. But hidden within the plays of the Bard are powerful themes that resonate with modern-day relationships—particularly when it comes …
October 7, 2024
Featured Image
Blog

The “Divorce Danger Zone” – Why Midlife is a Critical Time for Marriages

For many couples, the years between their 40s and 50s are filled with major life changes. Children are heading off to university or starting their own lives, careers may be at a peak or …
October 4, 2024
Featured Image
Blog

Long Separation and Relationship Generated Needs: Insights from RN v TT [2024] EWFC 264

In the case of RN v TT [2024] EWFC 264, the court delved into how financial needs are determined following a long separation, and whether these needs are "relationship-generated." The concept of relationship-generated needs …
October 3, 2024
Featured Image
Blog

Understanding the Financial Implications of a Final Order in Divorce Proceedings

When a marriage ends, many assume that the granting of a Final Order (formerly known as the Decree Absolute) signals the conclusion of all matters between the spouses. However, while the Final Order legally …
September 30, 2024
Featured Image
Blog

When Does a Property Become Matrimonial? Insights from RM v WP [2024] EWFC 191

In RM v WP [2024] EWFC 191, the court faced a crucial question often raised in divorce proceedings: When does a property, originally owned by one spouse before marriage, become "matrimonial property" subject to …
September 23, 2024
Featured Image
Blog

A New Era for Financial Remedy Orders: Ma v Roux and the Power to Strike Out Applications

The case of Ma v Roux [2024] EWHC 1917 marks a pivotal shift in the handling of financial remedy orders, focusing on whether courts can strike out applications to set aside financial remedies in …
September 20, 2024
Featured Image
Blog

The New ADR Landscape in Family Law: What Practitioners Need to Know from 1 October 2024

As we previously posted (here) on 29 April 2024, the Family Procedure (Amendment No 2) Rules 2023 introduced a pivotal change to the Family Procedure Rules (FPR) 2010, emphasising the significance of Alternative Dispute …
September 16, 2024
Featured Image
Blog

Appeal Denied: Key Lessons from Mainwaring v Bailey on Financial Orders

The case of Mainwaring v Bailey [2024] EWHC 2296 (Fam) provides valuable insights into the complexities of financial remedy proceedings and the appellate process. In this case, the husband (H), Philip Mainwaring, appealed against …
September 12, 2024
Featured Image
Blog

Declaration of Trust Prevails: Key Lessons from a Property Dispute

The case of Nilson and Thomas v Cynberg [2024] EWHC 2164 (Ch) revolves around the legal battle between a bankrupt individual, Stuart Cynberg, and his trustees in bankruptcy on one side, and his ex-wife, …
September 6, 2024
Featured Image
Blog

When Bankruptcy Strikes: Divorce, Financial Remedies, and the Battle for Assets

The case of Gudmundsson v Lin [2024] EWHC 1576 (Fam) brings an intriguing intersection of bankruptcy and financial remedy orders to the forefront of family law. The complexity arises from the husband’s bankruptcy, which …
September 6, 2024
Featured Image
Blog

Serving Divorce Papers in the Digital Age: Lessons from Gray v Hurley and the Rise of WhatsApp

In an increasingly digital world, the methods by which legal documents are served are evolving. The landmark case of Gray v Hurley [2019] EWHC 1636 (QB) underscores this shift, marking a significant moment in …
August 21, 2024
Featured Image
Blog

Untangling Wealth in High Net Worth Divorce: Key Lessons from IN v CH [2024] EWFC 233

In the recent case of IN v CH [2024] EWFC 233, the complexities of high-net-worth divorces are brought sharply into focus. This case, involving significant assets such as a £42 million home and a …
August 19, 2024
Featured Image
Blog

Severance of Joint Tenancy – Understanding Joint Tenancy vs. Tenancy in Common: A Guide to Altering Property Ownership

Have you received a notice about severing joint tenancy and wondered what it means for your property ownership? Let's demystify the process and shed light on the differences between joint tenancy and tenancy in …
August 16, 2024
Featured Image
Blog

Insights from A v M (No. 2) [2024] EWFC 214 – When Investments Shift: A Wake-Up Call for Divorce Lawyers

The recent case of A v M (No. 2) [2024] EWFC 214 offers significant insights into the complexities of financial remedy proceedings in divorce, especially when dealing with intricate financial structures such as private …
August 16, 2024
Featured Image
Blog

When is a Gift Not a Gift? A Family Law Perspective on Scott v. Bridge

In the intricate world of family law, the question of whether a financial transfer is a gift or something else entirely can often arise, especially during divorce proceedings or estate disputes. The recent case …
August 15, 2024
Featured Image
Blog

Anatomy of a Financial Remedy Case: Insights from DR v ES & Ors [2024] EWFC 176

Financial remedy cases in divorce proceedings are often complex, but the case of DR v ES & Ors [2024] EWFC 176 brings forth an intricate web of financial claims, alleged debts, and questions of …
August 13, 2024
Featured Image
Blog

Relocating to Australia : A Deep Dive into AQ v BQ [2024] EWFC 222

The recent family law case of AQ v BQ [2024] EWFC 222 delivered by Recorder Stott provides an insightful example of the complexities involved in relocation disputes, particularly when one parent seeks to move …
August 13, 2024
Featured Image
Blog

What claims can be brought on divorce, and under which statutes?

Financial claims can be brought under several different legislative instruments, including: the Matrimonial Causes Act 1973, which governs divorce and financial proceedings for married persons; the Civil Partnership Act 2004, which governs the civil registration of same …
August 7, 2024
Featured Image
Blog

What factors does the court consider when deciding on an application to change a child’s name?

When dealing with an application for a change to a child's name, the court's primary consideration is the welfare of the child, as outlined in Section 1 of the Children Act 1989. The court …
August 7, 2024
‹ Newer Posts
Older Posts ›
york-skyline-color
york-skyline-color
york-skyline-color

Get in touch for your free consultation

Contact Us
James-Thornton-Family-Law_white

Where innovation meets excellence

Our mission is clear: to redefine the standards of legal representation by seamlessly integrating unparalleled expertise with cutting-edge innovation.

01904 373 111
info@jamesthorntonfamilylaw.co.uk

York Office

Popeshead Court Offices, Peter Lane, York, YO1 8SU

Appointment only

James Thornton Family Law Limited (trading as James Thornton Family Law) is a Company, registered in England and Wales, with Company Number 15610140. Our Registered Office is Popeshead Court Offices, Peter Lane, York, YO1 8SU. Director: James Thornton. We are authorised and regulated by the Solicitors Regulation Authority, SRA number 8007901, and subject to the SRA Standards and Regulations which can be accessed at www.sra.org.uk

Privacy Notice  |  Complaints  |  Terms of Business

Facebook
X (Twitter)
Instagram

©2024 James Thornton Family Law Limited