Finance and Divorce Update, May 2017 – Family Law Week

Posted May 18th, 2017 in adoption, appeals, bills, civil partnerships, divorce, financial provision, news by tracey

‘Frances Bailey, Principal Associate and Naomi Shelton, Associate, both of Mills & Reeve LLP, analyse the news and case law relating to financial remedies and divorce during April 2017.’

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Family Law Week, 12th may 2017

Source: www.familylawweek.co.uk

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Divorce should be separate from money battles, says top judge – The Guardian

Posted May 18th, 2017 in divorce, financial provision, judges, news by tracey

‘The process of obtaining a divorce should be completely separated from a couple’s disputes over money, according to the most senior family judge in England and Wales. Referring to the government’s “lamentable history of procrastination” in reforming divorce laws, Sir James Munby called for the streamlining of new online divorce procedures.’

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Full text of the latest view from the President’s chambers

The Guardian, 17th May 2017

Source: www.guardian.co.uk

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Estranged wife gets £453m in one of biggest UK divorce settlements – The Guardian

Posted May 12th, 2017 in divorce, financial provision, news by sally

‘The former wife of an oil and gas trader has been awarded £453m in one of the largest divorce settlements ever agreed by a UK court. It confirms London’s status as the favoured location to bring divorce claims against super-rich spouses.’

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The Guardian, 11th May 2017

Source: www.guardian.co.uk

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Should I proceed in Dubai or UK for divorce? – Family Law Week

Posted April 28th, 2017 in choice of forum, divorce, news by tracey

‘Byron James barrister, Expatriate Law (United Arab Emirates) considers the interaction between UK family law and divorce proceedings in Dubai.’

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Family Law Week, 27th April 2017

Source: www.familylawweek.co.uk

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DW and another v CG – WLR Daily

Posted April 27th, 2017 in bankruptcy, divorce, financial provision, matrimonial home, news by sally

DW and another v CG [2016] EWHC 2965 (Fam)

‘On the dissolution of their marriage a husband and wife had resolved their respective financial remedy claims by way of a final consent order made in 2009 (“the 2009 order”), which required the husband to make a significant lump sum payment to the wife in a series of instalments. The order further contained provision entitling the wife to sell a number of properties, held in the husband’s sole name, should the husband default on payment and a right for the wife to continue to reside in one of those properties (“the property”) until payment by the husband of the final lump sum instalment. The husband failed to pay the final instalment and, in 2010, the court made an order for sale of the property with the outstanding interim payment to be provided to the wife from the net proceeds of sale. That order was never implemented and in 2011 bankruptcy proceedings were commenced against the husband. The wife registered a restriction against the property before the husband was made bankrupt in 2012. Following an initial agreed period of inactivity in the family proceedings the husband and his new partner were both discharged from bankruptcy in 2013. In 2014 they both entered into a settlement agreement to purchase any interest their estates in bankruptcy “may” have had in respect of the properties and other assets and, between themselves, entered into a declaration of trust in relation to the property with the apparent effect of frustrating the wife’s claim. The wife recommenced her application for sale of the property and such an order was duly made with the requirement that the net proceeds of sale be paid in to court. The husband was then invited by the court to make representations as to why the wife should not receive the final instalment from the net proceeds of sale. He contended, inter alia, that the terms of the 2009 order had never created an equitable interest in the property in the wife’s favour and consequently there was no basis on which the court could go further and consider whether that interest fell outside of, or how it was effected by, his bankruptcy. The husband and his new partner appealed against the decision that the wife was entitled to receive her outstanding instalment payment from the net proceeds of sale.’

WLR Daily, November 2016

Source: www.iclr.co.uk

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Woman who set up male-only divorce law firm says men are the ‘biggest losers’ in cases – The Independent

Posted April 25th, 2017 in divorce, gender, law firms, news by sally

‘A lawyer who set up her own firm specifically to help men in divorce proceedings has said it is men who are often the “biggest losers” in cases, not women.’

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The Independent, 24th April 2017

Source: www.independent.co.uk

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Finance and Divorce Update April 2017 – Family Law Week

‘Sue Brookes, Senior Associate with Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during March 2017.’

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Family Law Week, 20th April 2017

Source: www.familylawweek.co.uk

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Millionaire is not a ‘genius’ so should give his ex-wife half his £180 million fortune, Court of Appeal rules – Daily Telegraph

Posted April 12th, 2017 in divorce, financial provision, news by sally

‘An American financier who claimed his work was so touched by “genius” that he should not be forced to give his estranged wife half their £180 million fortune has been told by a British court there was nothing exceptional about his contribution to their marriage.’

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Daily Telegraph, 11th April 2017

Source: www.telegraph.co.uk

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Parents film children to win custody battles in bitter divorce cases – Daily Telegraph

Posted April 10th, 2017 in children, custody, divorce, evidence, news, video recordings by sally

‘Desperate parents are increasingly resorting to filming or recording their children in an attempt to win custody in bitter divorce cases, lawyers have said.’

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Daily Telegraph, 8th April 2017

Source: www.telegraph.co.uk

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‘Homemaker’ ex-wife of Laura Ashley boss wins a third of his £200m fortune after bitter divorce battle – Daily Telegraph

Posted April 7th, 2017 in divorce, financial provision, news by tracey

‘A former Malaysian beauty queen has been awarded a £64 million divorce payout after a bitter legal battle which her lawyer has described as a victory for the “home maker”. A High Court judge ruled yesterday that Pauline Chai should receive the huge settlement – one of the largest in history – after 42 years’ marriage to the chairman of the Laura Ashley fashion business.’

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Daily Telegraph, 6th April 2017

Source: www.telegraph.co.uk

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What is it with judges and women? – The Guardian

‘Men who inflict terrible violence on their partners are walking free from courts that treat their crimes lightly.’

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The Guardian, 2nd April 2017

Source: www.guardian.co.uk

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Court of Appeal ruling prompts renewed no-fault divorce plea – Law Society’s Gazette

Posted March 27th, 2017 in appeals, divorce, families, legislation, news by tracey

‘The Court of Appeal has acknowledged that a wife who today lost her appeal to overturn the Central Family Court’s refusal to grant her a divorce will be left in a “very unhappy situation”, prompting renewed calls for “outdated” divorce law to be reformed.’

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Law Society’s Gazette, 24th March 2017

Source: www.lawgazette.co.uk

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Maintenance, Needs and Fairness – Family Law Week

Posted March 27th, 2017 in divorce, financial provision, legislation, news, periodical payments, Scotland by tracey

‘Amy Scollan, Associate, Hunters Solicitors considers the issue of “fairness” in relation to maintenance and variations of maintenance.’

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Family Law Week, 23rd March 2017

Source: www.familylawweek.co.uk

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Finance and Divorce Update March 2017 – Family Law Week

‘Frances Bailey, Principal Associate and Naomi Shelton, Associate with Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during February 2017.’

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Family Law Week, 16th March 2017

Source: www.familylawweek.co.uk

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Judge rules boy must be taught in Islamic school despite complaints from ‘Anglo-Saxon’ father – Daily Telegraph

Posted March 15th, 2017 in children, divorce, education, Islam, news by tracey

‘A father who describes himself as “Anglo-Saxon” has lost a legal battle to prevent his Muslim ex-wife from sending their 10-year-old son to an Islamic secondary school.’

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Daily Telegraph, 14th March 2017

Source: www.telegraph.co.uk

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LiPs: a perfect storm in the divorce courts? – New Law Journal

Posted March 10th, 2017 in case management, divorce, litigants in person, news by sally

‘Iqbal v Iqbal provides a salutary example of the consequences that can occur in the absence of legal representation, as Shlomit Glaser & Tim Jones report.’

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New Law Journal, 9th March 2017

Source: www.newlawjournal.co.uk

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Divorce Jurisdiction after Brexit – Family Law Week

Posted March 8th, 2017 in divorce, EC law, jurisdiction, news by tracey

‘An EU law working group, comprising 15 international family law experts, considers the basis on which couples should be able to engage the jurisdiction of the UK courts in order to divorce, following the UK’s departure from the European Union.’

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Family Law Week, 7th march 2017

Source: www.familylawweek.co.uk

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Men ‘bullied’ out of generous divorce settlements by breadwinning wives – Daily Telegraph

‘Men are being awarded more generous divorce payouts with some also receiving ongoing payments from their ex-wives, lawyers say.’

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Daily Telegraph, 4th February 2017

Source: www.telegraph.co.uk

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Inside Britain’s sharia councils: hardline and anti-women – or a dignified way to divorce? – The Guardian

Posted March 2nd, 2017 in divorce, islamic law, news, tribunals, women by sally

‘Sharia councils say they offer Muslim women a way out of religious marriage but critics argue this parallel legal system can leave vulnerable people trapped in abuse. Here is a rare look behind the scenes.’

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The Guardian, 1st March 2017

Source: www.guardian.co.uk

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How to prevent a Decree being made Absolute – Family Law Week

Posted February 28th, 2017 in divorce, family courts, news by tracey

‘Byron James, barrister, Expatriate Law (Dubai) / Fourteen, reviews the law, practice and procedure relating to the prevention of a decree made absolute in divorce proceedings.’

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Family Law Week, 21st February 2017

Source: www.familylawweek.co.uk

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