Family Law

Philip Cayford QC and Simon Calhaem, 29 Bedford Row
Miles Geffin, Mishcon de Reya

The decision of the Supreme Court clarifies the law on strike-out in family proceedings and provides clear guidance to lower courts on the efficient case management of financial remedy proceedings.

Wyatt also explains why post separation contributions should ordinarily be vindicated, even following lengthy delay, and provides guidance on the quantification of the resulting award.  

But the decision also raises a number of unresolved questions. This article examines whether causality is a pre-requisite to a needs-based award and whether a contributions-based claim, which would ordinarily result in a sharing award, can also justify an award measured by reference to future housing need. It also explores whether contributions can warrant a free-standing compensatory award, also measured with reference to housing need.

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The full version of this article appears in the January 2017 issue of Family Law. Online subscribers can access the article here.

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