Thwaite – The Jury Remains Out
[2026] 2 FRJ 99. Does the Thwaite jurisdiction still exist? If it does, what is its appropriate scope? The Court of Appeal will be required to decide.
Blog
Cross-examination in Financial Remedy Claims
[2026] 2 FRJ 88. Cross-examination can have a material impact on the court’s findings of fact and determination of issues. This article is written for the occasional cross-examiner, as an aide mémoire of the rules, as a guide to doing the job well.
A Fairer End? Gaps in the Government’s Nuptial Agreement Proposals
On 5 June 2026, the Government published A Fairer End to Relationships, proposing comprehensive reform of the financial consequences of both divorce and separation for unmarried couples. This piece focuses on the Government’s plan to introduce binding qualifying nuptial agreements (QNAs).
50 Years on from Martin v Martin 1976 – Are Add-backs Fit for Purpose?
[2026] 2 FRJ 94. Add-backs were a useful mechanism to prevent one party’s unilateral dissipation of assets which unfairly prejudiced the non-dissipating spouse’s share. But something has gone wrong when the outcomes deviate too far from what the average person considers fair.
Maybe Compensation Isn’t What You Think
[2026] 2 FRJ 118. The compensation principle set out in Miller; McFarlane is the logical next step in ending discrimination between different but equal contributions. Compensation is a vehicle to alleviate post-divorce disparity, to give both spouses an equal start on the road to independent living.
Mind the Gap: A Chancery Barrister’s Preliminary Thoughts on the Cohabitation Reform Consultation
The Ministry of Justice has released its long-anticipated consultation paper on family law and cohabitation reform. A practitioner gives her immediate reaction to the proposed reforms.
Cohabitation Law Reform – Perspectives North and South of the Anglo-Scottish Border
[2026] 2 FRJ 147. This article outlines the current relief available for cohabitants in the English and Scottish jurisdictions, the likely direction of travel for legislative reform and what we are likely to be left with. Will the Berwick man have greater clarity, or be even more confused?