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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 reason, the English courts are only willing to set

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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