Bankers’ Bonuses – how the divorce capital of the world treats the rewards reaped from the financial capital of Europe – Family Law Week

Posted April 17th, 2014 in banking, divorce, financial provision, news, periodical payments, remuneration by tracey

‘Lois Rogers, solicitor at Vardags, and Lily Mottahedan, barrister at 1 Hare Court, examine the court’s treatment of bonuses in financial remedy claims in light of the recent decision of Mrs Justice Eleanor King in H v W [2014] EWHC 4105 (Fam) and pre-existing case law.’

Full story

Family Law Week, 17th April 2014

Source: www.familylawweek.co.uk

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JP v NP – WLR Daily

Posted April 17th, 2014 in divorce, financial provision, law reports by tracey

JP v NP: [2014] EWHC 1101 (Fam);   [2014] WLR (D)  172

‘In financial remedy proceedings a judge had power, under FPR r 29.15, to direct that a judgment should take effect from such later date as the court might specify. That power applied equally to a contested matrimonial matter resulting in a judgment as it did to consent orders since rule 29.15 applied to all family proceedings, including financial remedy proceedings, with no distinction being made as to whether by consent or otherwise.’

WLR Daily, 9th April 2014

Source: www.iclr.co.uk

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Divorce myths to be dispelled – Ministry of Justice

‘Separating couples will be given clear new guidelines setting out what they should expect when property and income is distributed by the courts, Simon Hughes has announced.’

Full press release

Ministry of Justice, 17th April 2014

Source: www.gov.uk/government/organisations/ministry-of-justice

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Finance and Divorce Update – Family Law Week

Posted April 11th, 2014 in divorce, financial provision, money laundering, news, pensions by sally

‘Jessica Craigs, senior solicitor, and David Salter, Joint Head of Family Law, both of Mills & Reeve LLP analyse the financial remedies and divorce news and cases published in March.’

Full story

Family Law Week, 11th April 2014

Source: www.familylawweek.co.uk

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Pre-acquired Assets – a new approach? – Family Law Week

Posted April 9th, 2014 in divorce, financial provision, news by sally

‘Liz Cowell and Abigail Lowther both of Slater & Gordon analyse the case law to see whether any general principles can be identified as to how the court will deal with pre-acquired assets in financial remedies cases.’

Full story

Family Law Week, 4th April 2014

Source: www.familylawweek.co.uk

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Man kills wife’s pet ram in bitter divorce battle – Daily Telegraph

Posted April 8th, 2014 in animals, costs, divorce, financial provision, jurisdiction, news by sally

‘Husband who put to death wife’s pet ram is ordered to pay her £170,000 a year.’

Full story

Daily Telegraph, 8th April 2014

Source: www.telegraph.co.uk

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‘Out of control’ foreign divorce ‘squeezing out needy litigants’ – Law Society’s Gazette

Posted March 19th, 2014 in choice of forum, costs, divorce, financial provision, news by tracey

‘A High Court judge has spoken out against the court time taken by wealthy international litigants engaged in “out of control” divorce proceedings.’

Full story

Law Society’s Gazette, 18th March 2014

Source: www.lawgazette.co.uk

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Gohil v Gohil (No 2) – WLR Daily

Gohil v Gohil (No 2): [2014] EWCA Civ 274; [2014] WLR (D)  126

‘It was not open to a first instance judge in family proceedings to set aside a financial relief order solely on the basis that there was fresh evidence sufficient to satisfy the guidelines which applied to the admission of fresh evidence in the Court of Appeal.’

WLR Daily, 13th March 2014

Source: www.iclr.co.uk

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Mann v Mann – WLR daily

Mann v Mann: [2014] EWHC 537 (Fam);   [2014] WLR (D)  114

‘In proceedings to enforce an order for ancillary relief, not governed by FPR Pt 9, where the parties had made an agreement to engage in alternative dispute resolution (“ADR”) the court could exercise its powers under FPR r 3.3(1)(b) to enable ADR to take place even if one party was trying to back out of that agreement. Although it was not possible to compel the parties to take part in mediation, since that would operate as a bar to enforcement, it was possible to robustly encourage mediation by means of an “Ungley order” to make it clear that an unreasonable refusal to participate in the ADR might well attract a costs sanction.’

WLR Daily, 5th March 2014

Source: www.iclr.co.uk

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Rubin v Rubin – WLR Daily

Posted March 12th, 2014 in appeals, costs, divorce, financial provision, law reports, legal services by tracey

Rubin v Rubin: [2014] EWHC 611 (Fam);   [2014] WLR (D)  116

‘Under section 22ZA(3) of the Matrimonial Causes Act 1973, as inserted, the court could not make a costs allowance unless it was satisfied that without the amount of the allowance the applicant would not reasonably be able to obtain appropriate legal services for the purposes of the proceedings or any part of the proceedings, and for the purpose of that provision the court had to be satisfied in particular that the applicant was not reasonably able to secure a loan to pay for the services.’

WLR Daily, 10th March 2014

Source: www.iclr.co.uk

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Ilott v Mitson [2014] EWHC 542- Appeal with caution – Zenith Chambers

Posted March 10th, 2014 in appeals, financial provision, news, wills by sally

‘On 3 March 2014 Mrs Justice Parker handed down judgment in the appeal on the issue of quantum in the case of Ilott v Mitson [2014] EWHC 542 (Fam). The case concerned an application for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 (“the 1975 Act”).’

Full story

Zenith Chambers, 6th March 2014

Source: www.zenithchambers.co.uk

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Prenuptial Agreements Latest Caselaw: Pandora’s Box Stays Closed… at least for now – Family Law Week

Posted February 6th, 2014 in divorce, financial provision, news, prenuptial agreements by sally

‘Wife fails in her challenge of a pre-nup entered into with her wealthy husband in respect of MPS and costs allowance.’

Full story

Family Law Week, 5th February 2014

Source: www.familylawweek.co.uk

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Finance and Divorce Update – Family Law Week

Posted February 4th, 2014 in divorce, family courts, fees, financial provision, McKenzie friends, news by sally

‘Jessica Craigs, senior solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the financial remedies and divorce news and cases published in January.’

Full story

Family Law Update, 2nd February 2014

Source: www.familylawweek.co.uk

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Geraldine Morris looks at the changes ahead for family law & predicts some new developments – New Law Journal

‘Lawyers may not always think of themselves as business people; family lawyers in particular are often very client focused, looking to achieve the best outcome for parties who are going through what will often be one of the worst periods of their lives. It can be hard, when weighed down with a busy caseload, to peak above the parapet and take time to reflect on how family law is changing. All businesses change over time, some faster than others. Change within the family law justice system has accelerated at an incredible pace in the last few years and 2014 will be no exception.’

Full story

New Law Journal, 22nd January 2014

Source: www.newlawjournal.co.uk

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“I read it in the newspaper”: The current spate of ancillary relief negligence claims raising near identical section 14A arguments – Hardwicke Chambers

Posted January 22nd, 2014 in financial provision, limitations, negligence, news, pensions, valuation by sally

‘In ancillary relief proceedings, the largest assets are frequently the divorcing couple’s matrimonial home and pension rights. Whilst it is usually straightforward to ascertain the value of the former, accurately achieving this for the latter can be a highly technical exercise. Solicitors’ alleged failure to analyse pension transfer values is the subject of a spate of negligence claims currently being brought by former clients. No case is yet to be reported, but it is expected that a number will be during 2014.’

Full story

Hardwicke Chambers, 13th January 2014

Source: www.hardwicke.co.uk

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S v S [2014] EWHC 7 (Fam) – WLR Daily

Posted January 16th, 2014 in arbitration, consent orders, financial provision, law reports by tracey

S v S [2014] EWHC 7 (Fam);   [2014] WLR (D)  1

‘Where the parties had bound themselves to accept an arbitral award of the kind provided for by the Institute of Family Law Arbitrators (“IFLA”) Scheme, that generated a single “magnetic factor” of determinative importance and, in the absence of some very compelling countervailing factor or factors, the arbitral award should be determinative of the order the court made.’

WLR Daily, 14th January 2014

Source: www.iclr.co.uk

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Finance and Divorce Update – Family Law Week

‘Jessica Craigs, senior solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the financial remedies and divorce news and cases published in December.’

Full story

Family Law Week, 2nd January 2014

Source: www.familylawweek.co.uk

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Divorced wife ‘cheated out of millions after husband failed to reveal assets’ – Daily Telegraph

Posted December 19th, 2013 in appeals, divorce, evidence, financial provision, news by tracey

‘A divorced wife claims her ex-husband misled her about the value of his computer software business to cheat her out of a multi-million-pound settlement. Alison Sharland, 46, says Charles, 53, convinced her to give up her claim to an equal share when they divorced.’

Full story

Daily Telegraph, 18th December 2013

Source: www.telegraph.co.uk

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Finance and Divorce Update – Family Law Week

‘Jessica Craigs, senior solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the financial remedies and divorce news and cases published in November.’

Full story

Family Law Week, 6th December 2013

Source: www.familylawweek.co.uk

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What’s mine is mine… – New Law Journal

Posted November 26th, 2013 in cohabitation, divorce, financial provision, news by tracey

‘Ed Heaton explores the rights of cohabitants.’

Full story

New Law Journal, 22nd November 2013

Source: www.newlawjournal.co.uk

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