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.’

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Law Society’s Gazette, 16th May 2016

Source: www.lawgazette.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.’

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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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Estrada v Al-Juffali (Secretary of State for Foreign and Commonwealth Affairs intervening) – WLR Daily

Estrada v Al-Juffali (Secretary of State for Foreign and Commonwealth Affairs intervening) [2016] EWCA Civ 176

‘The parties were married in September 2001 and had one daughter born in October 2002. The husband, a Saudi national, was a businessman of substantial means who married again in 2012 when the parties’ marriage broke down. On their divorce the wife applied for financial relief under Part III of the Matrimonial and Family Proceedings Act 1984. The husband applied to strike out the wife’s application , claiming immunity from suit as the permanent representative of St Lucia to the International Maritime Organisation (“IMO”), a post to which he had been appointed on 1 April 2014. The United Kingdom was required, as a matter of international law, to grant privileges and immunities to personal representatives of member states to the IMO in accordance with the Specialised Agencies Convention and the Headquarters Agreement. A permanent representative was entitled to the same immunity from suit and legal process as the head of a diplomatic mission, except that, by article 15 of the International Maritime Organisation (Immunities and Privileges) Order 2002), a permanent representative who was permanently resident in the United Kingdom was only entitled to immunities and privileges in respect of his official acts. The Foreign Secretary certified that the Foreign Office had been informed by the IMO of the husband’s appointment as permanent representative of St Lucia, of his arrival date and had not been notified that his diplomatic functions had terminated. Although on the face of it that certificate was conclusive evidence of the husband’s appointment by virtue of section 8 of the International Organisations Act 1968, the judge balanced the husband’s claim to immunity against the wife’s rights to access to the courts under article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms. He concluded that the husband had not undertaken any duties or performed any functions as permanent representative, that the appointment was an artificial construct to defeat the wife’s claims on the breakdown of the marriage and that, since the husband was permanently resident in the United Kingdom, he was entitled to immunity only in respect of official acts performed in the exercise of his functions. In consequence the judge refused to strike out the wife’s claim.’

WLR Daily, 22nd March 2016

Source: www.iclr.co.uk

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What next for “stepped” periodical payments orders? – Tanfield Chambers

Posted March 22nd, 2016 in appeals, divorce, education, financial provision, news, periodical payments by sally

‘The Court of Appeal recently decided a discreet argument regarding periodical payments orders in the case of Aburn v Aburn [2016] EWCA Civ 72. So, what are the implications for automatic variations in periodical payments? Practitioners and Judges alike will be familiar with the concept of stepped periodical payments. However, the commonplace order will be for periodical payments to be stepped downwards based upon either particular trigger events (such as children reaching their majority, a payment of a lump sum order) or after a specific period of time during which it is judged that the recipient of the periodical payments can, or ought to, have taken steps to increase their earning capacity. Given the commonplace nature of these orders, it is perhaps understandable that a deputy district judge (DDJ) presiding over the final hearing of the financial remedies application of Mrs Aburn (and then a Circuit Judge hearing the appeal thereafter) thought perhaps an order “stepping up” periodical payments upon a particular trigger event was a clever solution, thereby falling into what we now know was an error of law and an impermissible exercise of his judicial discretion. ‘

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Tanfield Chambers, 1st March 2016

Source: www.tanfieldchambers.co.uk

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A judge has ordered 90 per cent of a couple’s assets to the housewife in a victory that should be celebrated – The Independent

Posted March 22nd, 2016 in divorce, financial provision, news by sally

‘This week, the English family courts have sent yet another message in support of families and free choice.’

Full story

The Independent, 20th March 2016

Source: www.independent.co.uk

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Divorcee wins 90 per cent of husband’s wealth in bitter court battle – Daily Telegraph

Posted March 15th, 2016 in appeals, debts, divorce, financial provision, legal representation, news by sally

‘Company boss, Peter Morris, has nothing but his ‘anger’ to show for 25 years of marriage after a series of rulings’

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Daily Telegraph, 14th March 2016

Source: www.telegraph.co.uk

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Divorce judge awards woman who gave up career 90% of family assets – The Guardian

Posted March 15th, 2016 in appeals, divorce, financial provision, legal aid, legal representation, news by sally

‘A businesswoman who left behind her career in order to become a “stay at home mum” while her husband continued with his high-flying career has been awarded virtually all of the family fortune by a divorce judge.’

Full story

The Guardian, 14th March 2016

Source: www.guardian.co.uk

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Finance and Divorce Update (March 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 February 2016.’

Full story

Family Law Week, 5th March 2016

Source: www.familylawweek.co.uk

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What is it like to arbitrate? – Family Law Week

Posted March 4th, 2016 in arbitration, divorce, financial provision, news by tracey

‘Alexander Chandler, barrister, 1 King’s Bench Walk, offers insights into the arbitration process.’

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Family Law Week, 26th February 2016

Source: www.familylawweek.co.uk

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Pension offsetting: a question for the Family Court, or for an actuary? – Tanfield Chambers

Posted February 24th, 2016 in divorce, financial provision, news, pensions by sally

‘In ancillary relief litigation, whose responsibility is it to quantify the value of future pension benefits and their non-pension substitutes if offsetting is being considered? What method should be applied to any comparison of pension and non-pension assets?’

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Tanfield Chambers, 16th February 2016

Source: www.tanfieldchambers.co.uk

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Finance and Divorce Update, February 2016 – Family Law Week

‘According to the Law Society Gazette, the outcome of more than 2,000 may have been voided by the Form E software fault.  Justice Minister Shailesh Vara MP has indicated, in a statement to Parliament, that the assets of more than 3,600 couples were miscalculated.’

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Family Law Week, 15 February 2016

Source: www.familylawweek.co.uk

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Grandmother who lived with partner until his death wins High Court battle after his estranged wife inherited half their home – Independent

‘A grandmother who lived with her partner for almost two decades until his death has won a High Court battle after his estranged wife inherited half their home.’

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Independent, 16 February 2016

Source: www.independent.co.uk

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Part III and the Maintenance Regulation: Clash of the Titans – Family Law Week

Posted January 29th, 2016 in divorce, EC law, financial provision, judgments, jurisdiction, news by tracey

‘Charles Hale QC and Henry Clayton, both of 4 Paper Buildings, outline the debate which the Court of Appeal declined to resolve in the recent case of Ramadani v Ramadani [2015] EWCA Civ 1138.’

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Family Law Week, 24th January 2016

Source: www.familylawweek.co.uk

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Finance & Divorce Update December 2015 – 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 November 2015.’

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Family Law Week, 6th December 2015

Source: www.familylawweek.co.uk

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Family law: setting aside orders – Law Society’s Gazette

‘On 14 October the Supreme Court (SC) gave judgments in Sharland v Sharland [2015] UKSC 60 and Gohil v Gohil [2015] UKSC 61. Both Mrs Sharland and Mrs Gohil were successful in the respective consent orders being set aside due to significant non-disclosure by their former husbands.’

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Law Society’s Gazette, 7th December 2015

Source: www.lawgazette.co.uk

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Practice guidance: Arbitration in the Family Court – Courts and Tribunals Judiciary

Posted November 26th, 2015 in arbitration, courts, family courts, financial provision, news by tracey

‘Guidance issued by Sir James Munby, President of the Family Division on 23 November 2015.’

Full guidance

Courts and Tribunals Judiciary, 23rd November 2015

Source: www.judiciary.gov.uk

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Bitcoins and the dark net: a virtual reality that every divorce practitioner should know about – Family Law Week

Posted November 26th, 2015 in divorce, financial provision, internet, news by tracey

‘Byron James, barrister, Fourteen considers the possible significance of the dark net and bitcoins in financial remedies cases.’

Full story

Family Law Week, 23rd November 2015

Source: www.familylawweek.co.uk

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