Financial provision: Under the radar?

Steele Raymond | Family Law Journal | December 2021/January 2022 #209
Amy Baugh suggests that the family courts may be subverting the strict considerations applicable to costs orders when dealing with debts arising from legal costs There is no rule requiring an analysis of a needs-based award of unpaid legal fees against the principles applicable to an actual costs order and such a comparison would serve …

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Conduct: In the extreme

Vardags | Family Law Journal | November 2021 #208
Sophie Groves and Valeria Gampl consider the impact of non-financial conduct in financial proceedings Despite the statutory provision naming conduct as one of the factors the court takes into account, the reality of arguing non-financial conduct successfully remains reserved to cases of truly exceptional circumstances. Family law practitioners are often faced with difficulties in managing …

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