Latest from the blog

Disclosure, Costs, and Fairness in OS v DT

In OS v DT [2025] EWFC 156 (B), His Honour Judge Edward Hess presided over a high-net-worth financial remedy dispute that, beneath its glittering spreadsheets and asset schedules, boiled down to something less glamorous—but …

June 13, 2025

When Borrowing Blurs the Lines: Can a Mortgage Make a Gifted Property Matrimonial?

In C v C [2025] EWFC 152 (B), Recorder Christopher Stirling tackled a complex and increasingly common issue in modern financial remedy proceedings: what happens when a party borrows against non-matrimonial property for matrimonial …

June 12, 2025

Expert Evidence in Divorce: When Is One Report Not Enough?

In financial remedy proceedings, expert valuation of businesses can make or break a case. But what happens when one party no longer agrees with the expert they jointly instructed? That was the question at …

June 11, 2025

Set Aside or Sit Tight? When Market Shifts Don’t Justify Reopening Financial Orders

In X v Y [2025] EWFC 144 (B), District Judge Stone delivered a forensic and educational judgment on a topic that regularly vexes family lawyers: can a final financial remedy order be reopened or …

May 29, 2025

Unequal but Fair: When the Breadwinner Pays the Price in Divorce

In GR v AR [2025] EWFC 143 (B), His Honour Judge Edward Hess handed down a comprehensive judgment that serves as a reminder: the sharing principle may start at 50:50, but it doesn’t always …

May 23, 2025

“Covert Recordings, Public Consequences” — What Family Lawyers Need to Know About the New FJC Guidance (May 2025)

In May 2025, the Family Justice Council (FJC) released long-awaited guidance on covert recordings in family proceedings concerning children. As Sir Andrew McFarlane acknowledges in the foreword, this is a “growing area for the …

May 20, 2025

The Sham That Wasn’t? When Debts and Divorce Collide in Family Law

The Court of Appeal’s decision in Awolowo v Awolowo and Linkserve [2025] EWCA Civ 641 is a masterclass in forensic scrutiny of alleged debts in financial remedy proceedings. It also serves as a reminder …

May 19, 2025

What Is Maintenance Pending Suit – And Should I Apply?

If you're separating from your spouse and struggling financially, you may have heard about something called Maintenance Pending Suit or MPS. But what is it, and when is it actually worth applying for? What …

May 16, 2025

Top-Up Child Maintenance in HNW Cases: Where Lifestyle Meets Logic

For family lawyers advising high-net-worth clients, the concept of “top-up” child maintenance is often one of the most contested elements in financial proceedings. The decision in James v Seymour [2023] EWHC 844 (Fam) adds …

May 15, 2025

Tying Up Loose Ends: THR v WAT and the Realities of High-Net-Worth Divorce

In THR v WAT [2025] EWHC 1125 (Fam), His Honour Judge Hess was faced with the unenviable task of transforming a multi-million-pound Xydhias agreement into a final financial remedy order—navigating disputed terms, hidden costs, …

May 14, 2025

When Final Orders Don’t Mean Finality – Revisiting Joint Lives Maintenance GH v IH 2025 EWFC 120

The decision in GH v IH [2025] EWFC 120 (B) provides a revealing look at the long tail of family financial orders, where joint lives maintenance collides with real-life messiness: patchy compliance, unclear enforcement, …

May 13, 2025

Boardrooms and Breakups: What BR v BR Teaches Us About Valuing Complex Businesses in Divorce

How do you divide a £263 million fortune when over £200 million of it is tied up in private companies? In BR v BR [2025] EWFC 88, Mr Justice Peel was faced with exactly …

May 12, 2025

MPS or Misstep? The Costs Trap in Maintenance Pending Suit

In DSD v MJW [2025] EWFC 119 (B), Deputy District Judge David Hodson delivers a candid—and cutting—judgment on a £500-a-month maintenance pending suit (MPS) application that cost nearly £13,000 in legal fees to argue. …

May 9, 2025

Setting Aside to Set Things Right: Lessons from AB v CD

In the financial remedy case of AB v CD & Ors [2025] EWFC 958, His Honour Judge Richard Williams provides a detailed, forensic examination of when and how a financial remedy applicant can succeed …

April 28, 2025

Smoke Without Fire? When Foreign Judgments Cloud Financial Disclosure

In VTY v GDB [2025] EWFC 110 (B), Recorder Rhys Taylor faced one of the more unusual and unsettling examples of non-disclosure in recent family law decisions. At the heart of the case was …

April 25, 2025

Ignorance Isn’t Always Bliss: Shared Misunderstanding in Financial Disclosure

In family law, few allegations carry more weight than material non-disclosure. When a party believes they were misled during financial remedy proceedings, the remedy they seek is serious: setting aside a final order. But …

April 22, 2025

Understanding Extended Civil Restraint Orders in Family Law: When Litigation Becomes Obsession

Family law is no stranger to long-running, emotionally charged disputes. But what happens when one party simply refuses to stop litigating—even after years of judgments, failed appeals, and repeated rejections? That is where the …

April 17, 2025

The Right to Privacy in Family Litigation

In the emotionally charged world of family litigation, personal boundaries can easily become collateral damage. But what happens when a party wants to shield their contact details from the other side? The recent decision …

April 16, 2025

Conditional Appeals in Family Law: A Rare but Powerful Tool – Lessons from Ahmad v Faraj [2025] EWCA Civ 468

A decision from the Court of Appeal in Ahmad and IIB Group Holdings v Faraj [2025] EWCA Civ 468 has caused a stir among family law practitioners. In an unusual but not unprecedented move, …

April 16, 2025

When Is a Deal a Deal? Understanding Xydhias Agreements in Financial Remedy Cases

In the emotionally charged landscape of divorce litigation, reaching an agreement on finances can feel like the light at the end of the tunnel. But what happens when one party tries to walk away …

April 15, 2025

Posthumous Wealth and Divorce: Can a Financial Remedy Order Be Changed After Judgment?

In X v Y [2025] EWHC 727 (Fam), the Family Division of the High Court was asked to revisit a financial remedy order after a final judgment—but before the order was perfected—because of a …

April 14, 2025

Older Posts ›

york-skyline-color

york-skyline-color

york-skyline-color

Get in touch for your free consultation

James-Thornton-Family-Law_white

Where innovation meets excellence

Our mission is clear: to redefine the standards of legal representation by seamlessly integrating unparalleled expertise with cutting-edge innovation.

01904 373 111
info@jamesthorntonfamilylaw.co.uk

Information

Home
About Us
Family Law Services
Our Fees
Testimonials
Contact

York Office

Popeshead Court Offices, Peter Lane, York, YO1 8SU

Appointment only

James Thornton Family Law Limited (trading as James Thornton Family Law) is a Company, registered in England and Wales, with Company Number 15610140. Our Registered Office is Popeshead Court Offices, Peter Lane, York, YO1 8SU. Director: James Thornton. We are authorised and regulated by the Solicitors Regulation Authority, SRA number 8007901, and subject to the SRA Standards and Regulations which can be accessed at www.sra.org.uk

Privacy Notice | Complaints | Terms of Business

©2024 James Thornton Family Law Limited