The evolving approach the wealthy must take to nuptial agreements
Since the seminal case of Radmacher v Granatino [2010] UKSC 42 in 2010, pre and post-nuptial agreements have been increasingly adopted under English law and they are now relatively common amongst wealthy spouses. Despite the “magnetic importance” of nuptial agreements, there has historically been a great deal of uncertainty as to whether or not a […]
BC v BC: A cautionary tale of FDR breakdown
BC v BC: A cautionary tale of FDR breakdown, judicial reluctance to scrutinise conduct, and the uncomfortable question – Should there be costs consequences when one party undermines settlement without accountability in private financial dispute resolution hearings? Yes, the title has 46 words… just like the behaviour in this case, it arguably went on too […]
Jurisdiction plays a key role when getting a divorce: considering the financial advantages of a divorce in the UK or abroad
On 2 July, the Office for National Statistics (ONS) released information about the number of divorces in England and Wales. In 2023 (the most recent year for which statistics are available), there were 102,678 divorces (and dissolutions of Civil Partnerships); of those, the Ministry of Justice tell us that 40,873 financial arrangements were litigated to […]
Standish v Standish: Why joined-up thinking is now critical in wealth and family law
The landmark Standish v Standish ruling from the Supreme Court has brought renewed focus to the vital relationship between wealth advisors and both private client and family lawyers’ a joined-up approach can offer both asset protection and long-term relationship security if things go wrong. When Mr Standish transferred £77million of personal assets to his […]
The new test for matrimonialised property set out in Standish
The Court of Appeal’s recent decision in the case of Standish v Standish can certainly be considered controversial. The decision effectively states that a gift to a spouse is not in fact a gift, thereby becoming a judgement of universal application in family law. Another way in which this decision will set precedent is through […]
HM Treasury response to MLR consultation: key changes
Following the government’s admission that anti-money laundering regulations are ‘a major burden’ on professional business services firms, HM Treasury has released a response to the 2024 consultation examining the effectiveness of Money Laundering Regulations. In the foreword to the response, economic secretary to the Treasury Emma Reynolds said the government is ‘confident that these changes […]
Think It’s Over? Think Again: Revisiting Decisions Before Sealing Under Barrell
Powerful, underused, and easily forgotten: The Barrell[1] jurisdiction is the legal equivalent of a trapdoor in the courtroom floor. It gives the court the rare power to reverse its own decision at any point before the order is drawn up and sealed, if there is good reason to do so. For many practitioners, it barely […]
Mutually beneficial – how industry and education collaborate for good
In February 2025, Solent Law Clinic launched in Southampton. An ambitious new community project pioneered by Southampton Solent University and national law firm, Dutton Gregory Solicitors, this free initiative serves three important purposes. In the first instance, it provides access to legal advice to those who need it the most. Second, it addresses – and […]
The ‘Writing to Children’ Toolkit in practice
In this episode of the Today’s Family Lawyer podcast, host David Opie is joined by Jude Eyre, Associate Director at the Nuffield Family Justice Observatory (NFJO). Together, they explore the newly released Toolkit for Judges on Writing to Children, a guidance document designed to support judges in communicating directly with children in family law proceedings. Jude offers insight into the collaborative process […]
Piggy in the middle – children and covert recordings in family law
Children disputes are often complicated affairs, and separating couples can become very acrimonious when making child arrangements. Sadly, some parents have resorted to underhand techniques in order to ‘one-up’ their ex. Children can often end up in the middle of these disputes which are harmful to both their short- and long-term wellbeing. One such method […]
Uncorking the value: wine collections in divorce proceedings
For some couples, wine is a shared passion. It can be a statement of their lifestyle and legacy, as well as a significant financial asset. As family lawyers, we are seeing increasing numbers of unusual collections of value, including wine, within divorce cases. This may be a wine cellar built up over decades or a […]
Reasserting the Legal Test for Intermediaries in Family Proceedings: M (A Child – Intermediaries) [2025] EWCA Civ 440
In M (A Child: Intermediaries) [2025] EWCA Civ 440, the Court of Appeal reaffirmed the governing legal test for appointing intermediaries in family proceedings. It allowed an appeal against a judge’s refusal to direct intermediary support for a neurodivergent mother, emphasising that the correct threshold under Part 3A of the Family Procedure Rules 2010 (FPR […]
How to navigate prenup season as a family lawyer
For most, the summer brings wedding season but for family lawyers, less romantically, it is very much Prenup Season. Over the past few years, we have got into a rhythm in April and May of drawing up prenuptial agreements (PNA) ahead of impending summer nuptials. Clients range from first marriages where one or both parties […]
Narcissism, non-disclosure and financial ruin – A cautionary tale from the Family Court
In one of the most scathing judgments I have been involved in, in recent years, Deputy District Judge Michael Horton KC laid bare the catastrophic impact of narcissistic and self-destructive behaviour in financial remedy proceedings. The case of NR v SE, in which I represented the Applicant, was not simply a battle over money, but […]
In the age of AI and rising costs, NALP says paralegals are more relevant than ever
Today’s Media spoke to Amanda Hamilton, director and patron of the National Association of Licensed Paralegals (NALP), about the evolving role of the paralegal and NALP’s role in the profession’s voluntary self-regulation. A recent survey measuring public perception of AI in the legal sector found that the public isn’t yet ready to fully trust the technology in […]
The Silent Witness
Covert recordings in Children Law Proceedings: A summary of the Family Justice Council’s guidance on their use in proceedings What do you advise your client when they ask if they can record the other parent’s calls or meetings? Many clients arrive for their initial consultation already armed with extensive undercover recordings of the other parent. […]
Predatory marriages: Why legislative proposals are a welcome first step
Predatory marriages have hit the headlines in recent years, with growing concern that wealthy, elderly people are being romantically targeted for their money. These marriages often go unnoticed until after death, when a shocked family discovers that the estate has passed to the new spouse. While such cases may sound sensational, they are far from […]
How could Law Commission’s Wills reforms impact family law?
The Law Commission has published its latest report on Wills and Private Client reforms. This isn’t the first time the Commission have tackled this field, the first time being in 2017 which resulted in a Consultation Paper. Now, not much off a decade later, their latest report and draft Bill have been laid before Parliament […]
The power of civility: Why amicable correspondence between family lawyers matters
It is timely that I am writing this during mental health awareness week, and against the background of having attended two seminars this week by top set Chambers, where the speakers, including a sitting Judge, discussed the importance of being respectful to your contemporaries. In the emotionally charged realm of family law, where clients are […]
Providing family legal services for the changing nature of modern relationships
In this latest Today’s Family Lawyer Podcast host David Opie welcomes Laura Tanguay and Lucy Birch from Birketts LLP to discuss the launch of their Modern Families service. Lucy Birch is a senior associate in the family team, and Laura Tanguay is a legal director in the property disputes team; with the podcast exploring how […]