Birch v Birch [2017] UKSC 53

Pensions: Ticking Pandora’s boxes

David Wilkinson and Alexandra Goldrein look at a case involving a cautionary tale of ‘moving target syndrome’ As HHJ Hess pointed out in T v T, there is a statutory life-jacket available for adrift non-member spouses facing the prospect of an underfunded pension scheme, which ensures that the prospective transferee is first given the option …

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Variation: Reduced circumstances

Kathryn Cassells considers how the courts may approach an application to vary a lump sum order where the applicant’s disclosure is unclear and their financial woes are of their own making While both quantum and the timing of payments is variable, case law suggests that the court will only vary quantum in exceptional circumstances, not …

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Variation: To vary or not to vary

Heather Souter summarises the key considerations on an application to vary a financial consent order and the approach of the courts Unless there has been a significant change of circumstance since the order was made, grounds for variation under s31, MCA 1973 seem hard to conceive. The full financial impact of the global pandemic is …

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Undertakings: Considering the options

Danielle Taylor outlines the use, drafting and enforcement of undertakings in financial remedy proceedings ‘Standard orders now include a number of provisions that were previously incorporated into financial remedy orders as undertakings, for example the payment of a mortgage and other outgoings.’ Undertakings frequently feature in financial remedy orders that are made by either consent …

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