Ordering the would-be undertaker: the equitable reach of the Family Court – Family Law Week

‘Norma Cronin, solicitor at Hughes Fowler Carruthers and Mark Ablett, Senior Paralegal at Hughes Fowler Carruthers and soon to be pupil barrister at 1 Garden Court Family Law Chambers consider the troublesome issue of enforcement of undertakings in financial remedies cases.’

Full story

Family Law Week, 8th July 2016

Source: www.familylawweek.co.uk

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No Nisi, No Dice – Tanfield Chambers

Posted July 12th, 2016 in appeals, costs, divorce, litigants in person, news by sally

‘In K v K (Financial Remedy Final Order prior to Decree Nisi) 2016 EWFC 23, Cobb J remitted a case for rehearing on the basis that the trial judge had made an order prior to the grant of decree nisi of divorce. The case provides a salutary warning for lawyers about the limits of the Family Court’s powers to correct what was an innocent and – at first glance – merely procedural mistake.’

Full story

Tanfield Chambers, 22nd June 2016

Source: www.tanfieldchambers.co.uk

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Inside a Sharia council divorce hearing – BBC News

Posted July 11th, 2016 in divorce, islamic law, news by sally

‘”Yasmeenah” is seeking an Islamic divorce from her husband and has turned to a Sharia council in the hope one will be granted by Islamic scholars.

This council at Birmingham Central Mosque is one of an estimated 30 established councils across the UK, often referred to as Sharia “courts”.

The BBC has been given rare access.’

Full story

BBC News, 11th July 2016

Source: www.bbc.co.uk

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Ex-model wins ‘record’ £53m cash settlement in divorce battle – The Guardian

‘A former model has been awarded a £53m cash settlement in a high court divorce battle with her Saudi billionaire ex-husband.’

Full story

The Guardian, 8th July 2016

Source: www.guardian.co.uk

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Re D (A Child): a decision of its time? – Family Law Week

Posted July 1st, 2016 in children, custody, divorce, EC law, enforcement, jurisdiction, news, Supreme Court by tracey

‘Katy Chokowry and Nicholas Anderson, barristers of 1 King’s Bench Walk, explain the rationale of the Supreme Court’s judgment in Re D (A Child) and consider the lessons that survive form the Court of Appeal’s judgment.’

Full story

Family Law Week, 30th June 2016

Source: www.familylawweek.co.uk

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Divorce settlements open to challenge as lawyers ‘unaware of stamp duty change’ – Daily Telegraph

Posted June 30th, 2016 in appeals, divorce, financial provision, housing, matrimonial home, news, stamp duty by tracey

‘Thousands of divorce settlements could be left open to appeal because the Government’s new stamp duty surcharge is leaving estranged partners unable to buy their own home following a split.’

Full story

Daily Telegraph, 30th June 2016

Source: www.telegraph.co.uk

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Employment tribunal fees ‘will deny workers justice’ – The Independent

‘Workers unfairly dismissed by their employers are being denied access to justice because of new Government court fees, a cross party committee of MPs has warned. Since the new employment tribunal fees were introduced in 2013 there has been a “precipitate drop” of almost 70 per cent in the number of cases being brought, the Commons Justice committee said. It can now cost as much as £1,200 simply to bring a claim.’

Full story

The Independent, 20th June 2016

Source: www.independent.co.uk

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Finance & Divorce Update June 2016 – Family Law Week

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP, analyse the news and case law relating to financial remedies and divorce during May 2016.’

Full story

Family Law Week, 3rd June 2016

Source: www.familylawweek.co.uk

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Conduct versus Needs – Park Square Barristers

Posted June 2nd, 2016 in divorce, matrimonial home, news, sexual offences by sally

‘Not long ago I was involved in financial relief proceedings involving a couple both of whom were on their second marriage (of some 12 years duration). The wife had children in their twenties from a previous marriage. As usual, the most substantial asset was the Former Matrimonial Home, with a notional net equity of nearly £400,000. This had been purchased with funds mainly, but not quite exclusively, provided by the husband who was retired. Neither party had a high income.’

Full story

Park Square Barristers, 26th May 2016

Source: www.parksquarebarristers.co.uk

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A Dead Parrot Or A Sleeping Beauty? – The 36 Group

Posted June 2nd, 2016 in advocacy, compensation, divorce, financial provision, news by sally

‘Baroness Hale was primarily responsible for the introduction of compensation (SRJ v DWJ [1999] 2 FLR 176). She is a fine lawyer and judge, but she was only briefly an advocate. I am no judge at all with a degree in English, but I have argued a lot of cases. Whilst doing so I have appeared against some outstanding advocates such as Lord Wilson, the late Mrs Justice Baron, Mr Justice Mostyn and Mr Martin Pointer QC. As advocates they looked and in the case of Martin, look to persuade the court. I believe that in presenting a wife’s arguments they would all have rejected submitting that she should be compensated for gender related disadvantage. They would have done so for various reasons. Compensation is a dangerous word as it has its most natural and best established use in the law of tort. It is also manifestly insensitive. Any husband who has maintained his wife and children for, say fifteen years will be hurt and annoyed by the proposition that he should compensate his wife for the experience. He may, or may not be placated by the subsequent reference to gender related disadvantage. At least that shows compensation is a systemic concept, rather than directed at him personally. But fully expressed the words display the origin of the concept in a feminist approach to divorce. The advocate would know that some tribunals would reject the socio-legal concept; if only because another feminist analysis would give primacy to the wife’s autonomous ability to look after.’

Full story

The 36 Group, 18th May 2016

Source: www.36group.co.uk

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The divorce app that lets you break up without breaking the bank – The Guardian

Posted June 2nd, 2016 in arbitration, computer programs, costs, divorce, news by sally

‘Divorce can be a costly legal battleground as well as an emotional ordeal. But a new app, amicable, could provide a better way.’

Full story

The Guardian, 2nd June 2016

Source: www.guardian.co.uk

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Man allowed to challenge former mother-in-law’s will – Law Society’s Gazette

Posted May 31st, 2016 in appeals, divorce, interest, news, wills by tracey

‘The Court of Appeal has granted a divorced husband permission to challenge the validity of his former mother-in-law’s will which left him nothing from her estate.’

Full story

Law Society’s Gazette, 27th May 2016

Source: www.lawgazette.co.uk

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Top judge hands divorcee £3.5m despite husband arguing it should be less as ex-wife lives with another man – Daily Telegraph

Posted May 27th, 2016 in divorce, financial provision, news by tracey

‘Women who move in with other men after getting divorced are still entitled to a share of their ex-husband’s wealth, the UK’s most senior family judge has ruled.’

Full story

Daily Telegraph, 26th May 2016

Source: www.telegraph.co.uk

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Independent review into Sharia Law launched – Home Office

Posted May 26th, 2016 in divorce, forced marriages, islamic law, press releases, women by tracey

‘An independent review into the application of Sharia Law in England and Wales has been launched by Home Secretary Theresa May today.’

Full press release

Home Office, 26th May 2016

Source: www.gov.uk/home-office

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Finance & Divorce Update, May 2016 – Family Law Week

Posted May 20th, 2016 in costs, divorce, financial provision, news, trusts by tracey

‘Edward Heaton, Principal Associate, and Jane Booth, Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during April 2016.’

Full story

Family Law Week, 15th May 2016

Source: www.familylawweek.co.uk

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Family: needs and standard of living – Law Society’s Gazette

Posted May 16th, 2016 in divorce, families, financial provision, news by sally

‘The issue for many judges is the period over which the standard of living is to be maintained.’

Full story

Law Society’s Gazette, 16th May 2016

Source: www.lawgazette.co.uk

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The Family Justice Council Guide to Sorting Out Finances on Divorce – Family Law Week

‘Stuart Clark, Associate Solicitor at The International Family Law Group LLP, reviews the newly published guide for LiPs dealing with their financial matters after divorce or civil partnership dissolution.’

Full story

Family Law Week, 14th April 2016

Source: www.familylawweek.co.uk

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English courts still among most generous on divorce – Law Society’s Gazette

Posted April 14th, 2016 in choice of forum, divorce, financial provision, news by sally

‘England and Wales still remains one of the most generous jurisdictions for financially dependent spouses, despite greater judicial appetite for making ex-spouses provide for themselves, research by an international firm reveals.’

Full story

Law Society’s Gazette, 13th April 2016

Source: www.lawgazette.co.uk

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Finance & Divorce Update, April 2016 – Family Law Week

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during March 2016.’

Full story

Family Law Week, 8th April 2016

Source: www.familylawweek.co.uk

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Sorting Out Finances on Divorce – Courts and Tribunals Judiciary

Posted April 8th, 2016 in civil partnerships, divorce, financial provision, married persons, news by tracey

‘This guide provides information for separating couples who are negotiating their own financial agreements on divorce or dissolution of a civil partnership. It provides a succinct summary of the law to help those who do not have access to legal advice to reach financial agreements without the need to go to court.’

Full guide

Courts and Tribunals Judiciary, 5th April 2016

Source: www.judiciary.gov.uk

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