‘Sue Brookes, Principal Associate at Mills & Reeve LLP consider the most important news and case law relating to financial remedies during August 2022.’
Family Law Week, 15th September 2022
Source: www.familylawweek.co.uk
‘Take-up of a landmark provision designed to remove “unnecessary finger-pointing” from the divorce process remains comparatively low, according to government figures.’
Law Society's Gazette, 20th September 2022
Source: www.lawgazette.co.uk
‘Anthony Collins Solicitors’ associate solicitor Kadie Bennett and 3PB’s specialist family and education law barrister Aimee Fox look at Children Act proceedings and the considerations that parents of a child with SEND may find helpful.’
3PB, September 2022
Source: www.3pb.co.uk
‘Nicola Rowling, Professional Support Lawyer, Emily Elvin-Poole, Associate and Caitlin Levins, Trainee Solicitor at Mills & Reeve LLP consider the most important news and case law relating to financial remedies during July 2022.’
Family Law Week, 23rd August 2022
Source: www.familylawweek.co.uk
‘The government has published proposals to change the rules that apply to transfers of assets between spouses and civil partners who are in the process of separating. It provides that they be given up to three years in which to make no gain or no loss transfers of assets between themselves when they cease to live together; and unlimited time if the assets are the subject of a formal divorce agreement.’
Family Law, 19th August 2022
Source: www.familylaw.co.uk
‘This is a House of Commons Committee report, with recommendations to government. The Government has two months to respond.’
UK Parliament, 4th August 2022
Source: committees.parliament.uk
‘Judge rebukes former Ritz hotel owner for failing to pay £100m divorce settlement.’
The Guardian, 11th August 2022
Source: www.theguardian.com
‘The introduction of the Divorce, Dissolution and Separation Act 2020 on 6 April 2022, bringing in the long-awaited “no-fault divorce”, is considered to be one of the most significant reforms of family law in many years. Although not widely commented on, it also potentially signifies an important step for the LGBTQ community.’
Family Law, 21st July 2022
Source: www.familylaw.co.uk
‘Stephanie Hawthorn and Abigail Pearse, associates, at Mills & Reeve LLP consider the most important news and case law relating to financial remedies and divorce during June 2022.’
Family Law Week, 14th July 2022
Source: www.familylawweek.co.uk
‘A key consideration in any divorce is how to divide your assets. Assets which are acquired or built up during the marriage (matrimonial or marital assets) are generally divided equally. But what if you came into the marriage with significant premarital wealth or received a substantial inheritance before or after your separation? You may feel that it is unfair for these assets to be divided at all, and you may want to protect them in the event of a divorce.’
Family Law, 14th July 2022
Source: www.familylaw.co.uk
‘Separating couples are increasingly asking to be represented by the same solicitor. Those involved believe this “one lawyer” service could be the future – and not just for family law.’
Law Society's Gazette, 11th July 2022
Source: www.lawgazette.co.uk
‘A key consideration in any divorce is how to divide your assets. Assets which are acquired or built up during the marriage (matrimonial or marital assets) are generally divided equally. But what if you came into the marriage with significant premarital wealth or received a substantial inheritance before or after your separation? You may feel that it is unfair for these assets to be divided at all, and you may want to protect them in the event of a divorce.’
Family Law, 6th July 2022
Source: www.familylaw.co.uk
‘An extra £5.4 million in funding will help even more families to resolve disputes away from court, such as contact arrangements for children.’
Family Law, 7th July 2022
Source: www.familylaw.co.uk
‘Rose-Marie Drury, Principle Associate at Mills & Reeve LLP considers the most important news and case law relating to financial remedies and divorce during May 2022.’
Family Law Week, 13th June 2022
Source: www.familylawweek.co.uk
‘The case of Randhawa v Randhawa (Divorce: Decree Absolute, Set Aside, Forgery) [2022] EWFC B7 which came before HHJ Moradifar is most definitely an interesting case, and whilst the facts of this case might not represent many family situations, with increasing numbers of international couples, the issue of whether a divorce is valid is far more common than many think.’
Family Law, 27th May 2022
Source: www.familylaw.co.uk
‘On the 6th of April 2022 to the delight of many family practitioners, the Divorce, Dissolution and Separation Act 2020 (DDSA 2020) instigated a momentous change to divorce proceedings. No fault divorce is now a legitimate way to end a marriage.’
Park Square Barristers, 11th May 2022
Source: www.parksquarebarristers.co.uk
‘In 2021, the UK Parliament passed amendments to the Domestic Abuse Bill and the Serious Crime Act which stipulated that withholding a Get can constitute a violation of those laws. The draft statutory guidance under the Domestic Abuse Act 2021 recognised that withholding a religious divorce both by Muslim and Jewish husbands may constitute controlling or coercive behaviour and a form of spiritual abuse which could lead the husband to be imprisoned. This development was in reaction to various calls for action to tackle the issue of ‘chained wives’ in religious communities.’
Law & Religion UK, 17th May 2022
Source: lawandreligionuk.com
‘In a guest post, Fouzia Azzouz, of Bristol University’s School of Sociology, Politics, and International Studies, looks at the law around a husband’s refusal to grant his wife a religious divorce.’
Law & Religion UK, 17th May 2022
Source: lawandreligionuk.com
‘A recent decision of the CJEU has addressed the definition of habitual residence for divorce jurisdiction under Art 3 of BIIA. It confirms the interpretation hitherto held in England that a party can have only one habitual residence at one time. But it has also given a strong indication that habitual residence has to be continuous for the requisite period before the date of issuing of proceedings and not just on the date of issue. This has been a controversy in English case law over many years, with the majority of professional opinion allegedly being that habitual residence was only necessary on the date of issue and merely residence for the requisite preceding period. The Ministry of Justice relied on this interpretation in drafting England’s new post Brexit divorce jurisdictional law, on the basis of following EU law. Now, seemingly, that is not so. What will now be the position in England dealing with cases involving EU Member States? In any event what is the position with transitional cases?’
Family Law, 12th May 2022
Source: www.familylaw.co.uk
‘Welcome to “The Brief” from 4PB. Each month, we will provide an update of case law, changes to legislation, and outline any new rules in relation to financial remedies procedure. In this first instalment, however, we will cover significant changes since the start of 2022 to ensure that the update is all encompassing and to set the stage for future monthly updates.’
Family Law, 12th May 2022
Source: www.familylaw.co.uk
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