header-logo header-logo

Family court backlogs & divvying up the family silver

23 February 2024 / Catherine Doherty Montanaro
Issue: 8060 / Categories: Features , Family , Divorce
printer mail-detail
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 to needs) the assets built up during a marriage

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

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

New Square Chambers—Alexander Farara

New Square Chambers—Alexander Farara

Chambers welcomes new member

NEWS

Law school partners with charity to give free assistance to litigants in need

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

back-to-top-scroll