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Family Justice Council releases updated guidance on financial needs on divorce

Home » News » Family Justice Council releases updated guidance on financial needs on divorce

In late-April 2018 the Family Justice Council published a second edition of their ‘Guidance on “Financial Needs” on Divorce.’

An immensely useful resource for all practitioners undertaking financial remedies work, this second edition only improves on what was already an excellent summary of some of the most important principles that courts should apply when looking at the question of what the parties to a financial separation ‘need’. It can hardly be recommended highly enough.

Described by the President Sir James Munby as ‘an invaluable tool for the judiciary’, the second edition revises its guidance based on the developments in case law since the launch of the first edition in June 2016.

For example, the new edition includes reference to the judgment of Mostyn J in FF v KF [2017] EWHC 1093 (Fam), which is a treasure trove of both useful guidance (such as that ‘save in a situation of real hardship, the “needs” must be causally related to the marriage’) and welcome reality (highlighting the absurd way in which the concept of what a person ‘needs’ as defined by family law has become so far divorced from everyday English: ‘Plainly “needs” does not mean needs. It is a term of art. Obviously, no-one actually needs £25m…’).

This guide is also soon to be paired with the much-anticipated guidance from the FJC on pensions on divorce, a working group for which has been set up and whose interim reports and conclusions are soon to be delivered. See The Pensions Advisory Group: Developing Guidance on Pensions on Divorce” [2017] Fam Law 869.

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Matthew Richardson

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