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.
Journal
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.
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.
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?
Chair’s Column (Spring 2026)
[2026] 1 FRJ 1. HHJ Edward Hess says farewell to Sir James Munby: 'the most inspirational figure I have come across in my legal and judicial career'.
The Reluctant Pension Credit Member
[2026] 1 FRJ 39. In the case of AP v TP [2025] EWFC 190 (B) a financial remedy order was made by consent, following an FDR, which included a pension sharing order in W’s favour. Difficulties began when W failed to provide the necessary information to permit the pension share to be implemented.