No-fault divorce: the future of divorce law? – Family Law

Posted November 17th, 2017 in divorce, news, reports by tracey

‘The House of Commons Library released its briefing paper dealing with “no-fault divorce” on 17 October 2017. The paper provides a helpful snapshot of the position currently in England & Wales in relation to divorce proceedings, together with a chronology of historic legislation and government schemes. It highlights that the most recent attempt to legislate for ‘no-fault divorce’ was within Pt 2 of the Family Law Act 1996, which was repealed on the basis that the provisions within Pt 2 were “unworkable”. Notwithstanding this conclusion, the Government indicated in January 2001 that it would remain committed to exploring the introduction of no-fault divorce however we are yet to see that commitment materialise into legislated change.’

Full Story

Family Law, 16th November 2017

Source: www.familylaw.co.uk

Have We Created a Monster? Intractable Contact Disputes and Parental Alienation in Context – Family Law Week

Posted November 16th, 2017 in children, contact orders, divorce, family courts, news, parental rights, residence orders by tracey

‘Briony Palmer, barrister of 3 Dr Johnson’s Buildings, considers intractable contact disputes where the underlying dynamics are not obvious.’

Full Story

Family Law Week, 15th November 2017

Source: www.familylawweek.co.uk

Munby cancels 21 divorces handled by fraudster ex-barrister – Law Society’s Gazette

Posted November 9th, 2017 in barristers, costs, divorce, documents, fraud, impersonating a barrister, news by tracey

‘The High Court has torn up 21 divorce petitions that were engineered by a convicted fraudster and former barrister.’

Full Story

Law Society's Gazette, 9th November 2017

Source: www.lawgazette.co.uk

Finance and Divorce Update, November 2017 – Family Law Week

Posted November 9th, 2017 in appeals, divorce, financial provision, news by tracey

‘Rose-Marie Drury, Senior Associate, Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during October 2017.’

Full Story

Family Law Week, 8th November 2017

Source: www.familylawweek.co.uk

From Russia with love: the latest word on Part III MFPA 1984 Claims – Family Law Week

Posted November 2nd, 2017 in delay, divorce, financial provision, foreign jurisdictions, jurisdiction, news by tracey

‘Byron James, barrister, Expatriate Law (based in the United Arab Emirates) considers the recent guidance from the Court of Appeal in relation to applications made under Part III of the Matrimonial and Family Proceedings Act 1984.’

Full Story

Family Law Week, 27th October 2017

Source: www.familylawweek.co.uk

MIAMs: a worthy idea, failing in delivery – Family Law Week

Posted November 2nd, 2017 in arbitration, dispute resolution, divorce, families, financial provision, news by tracey

‘Andrew Moore and Sue Brookes, both of Mills and Reeve LLP, consider mediation information assessment meetings, highlighting the flaws in the process and what can be done to improve the current system.’

Full Story

Family Law Week, 31st October 2017

Source: www.familylawweek.co.uk

Online divorce extended in £1bn justice system shake-up – The Guardian

Posted October 31st, 2017 in divorce, documents, electronic filing, internet, news by sally

‘All married couples will be able to apply for a divorce online as part of a £1bn change to the justice system.’

Full Story

The Guardian, 31st October 2017

Source: www.theguardian.com

New research supports calls for no-fault divorce – Family Law

‘A landmark report published today by the Nuffield Foundation calls for an end to fault-based divorce law in England and Wales.’

Full Story

Family Law, 30th October 2017

Source: www.familylaw.co.uk

Nuffield Foundation report calls for no-fault divorce – Law & Religion UK

Posted October 30th, 2017 in charities, divorce, legislation, news, notification, reports by sally

‘Today, the Nuffield Foundation has published a report, Finding Fault, which calls for the introduction of no-fault divorce in England and Wales: there is a summary version here.’

Full Story

Law & Religion UK, 30th October 2017

Source: www.lawandreligionuk.com

Lump sum orders under Pt III of MFPA 1984 – Family Law

‘Family analysis: A husband’s appeal succeeded against a lump sum order made in favour of the wife by an English court after the couple agreed a financial consent order in Russian divorce proceedings. Jenny Duggan, associate at Stewarts, examines issues that arose in Zimina v Zimin.’

Full Story

Family Law, 27th October 2017

Source: www.familylaw.co.uk

Valuing pension rights on divorce – Family Law

Posted October 23rd, 2017 in divorce, financial provision, news, pensions by sally

‘Pension rights in divorce or dissolution settlements can often amount to the largest asset after the equity in the family home. Professional advisers therefore need to pay close attention to this aspect of the ‘family estate’. This article discusses valuation issues in order to provide a basis for a negotiated settlement which reflects the capital value in present-day terms of the pension rights of one or both parties and identifies areas in which solicitors may need help from forensic accountants.’

Full Story

Family Law, 20th October 2017

Source: www.familylaw.co.uk

Figures show rise in divorce for opposite-sex couples – Family Law

Posted October 20th, 2017 in divorce, news, statistics by sally

‘The number of opposite-sex couples divorcing in England and Wales increased by 5.8% in 2016, according to the latest statistical bulletin released today by the Office for National Statistics (ONS).’

Full Story

Family Law, 18th October 2017

Source: www.familylaw.co.uk

Divorce forum disputes: when dual nationality may not be a possibility – Family Law

‘As there can be dramatic financial and other differences for an international family in proceedings in one country or another, jurisdiction is fundamentally important. It is sometimes based on nationality. But some countries prevent citizens having nationality of more than one country. International family lawyers need to be aware of which countries allow or prohibit dual nationality.’

Full Story

Family Law, 13th October 2017

Source: www.familylaw.co.uk

Legal aid and abandonment: grounds for divorce – Family Law

Posted October 13th, 2017 in divorce, legal aid, litigants in person, news by tracey

‘You might be forgiven for thinking that because every single divorce in England and Wales over the last four decades has been governed by the same piece of legislation that the process is rather prescriptive. In reality, it is anything but.’

Full Story

Family Law, 13th October 2017

Source: www.familylaw.co.uk

Divorce and children – is shared care a right or responsibility? – Family Law

Posted October 9th, 2017 in children, custody, divorce, families, news, parental responsibility, parental rights by sally

‘‘I know my rights’ – With that statement a family lawyer will naturally turn to s 2A of the Children Act 1989 and the presumption of parental involvement.
‘Parents do not have rights, they have responsibilities’ – Arguably one is now considering the court’s overriding objective and paramount consideration as set out in s 1 of the Children Act 1989 which highlights the welfare of any child.’

Full Story

Family Law, 5th October 2017

Source: www.familylaw.co.uk

When is a financial agreement between a separating couple binding? – Family Law

Posted October 9th, 2017 in agreements, appeals, delay, disclosure, divorce, financial provision, news by sally

‘In the case of Briers v Briers [2017] EWCA Civ 15, Mrs Briers (W) issued financial remedy proceedings 11 years after she separated from Mr Briers (H), and eight years after H alleged they had reached a concluded agreement settling their financial affairs. The Court of Appeal found that the parties had not reached a concluded agreement, despite both acting on the agreement including the transfer of assets to one another. W could, therefore, bring further financial claims against H.’

Full Story

Family Law, 6th October 2017

Source: www.familylaw.co.uk

Finance and Divorce Update October 2017 – Family Law Week

Posted October 6th, 2017 in divorce, financial provision, news by tracey

‘Naomi Shelton, Associate with Mills & Reeve LLP, analyses the news and case law relating to financial remedies and divorce during September 2017.’

Full Story

Family Law Week, 5th October 2017

Source: www.familylawweek.co.uk

Divorce and Family Trusts: Three lines of attack and how to shut them down – Family Law

Posted September 26th, 2017 in divorce, news, trusts by sally

‘A spouse looking to make a claim over a family trust has three potential lines of attack. Each one can seriously dent family wealth if there is no planned and detailed defence in place. However, there are a number of practical steps ultra-high net worth (UHNW) individuals and their advisers can take to shut down all three lines of attack – and proactively secure family wealth for future generations.’

Full Story

Family Law, 25th September 2017

Source: www.familylaw.co.uk

How much do you ‘need’ on divorce? – Family Law

Posted September 12th, 2017 in divorce, financial provision, news by tracey

‘Nicola Hogg reviews the recent case of FF v KF [2017] EWHC 1093 (Fam), in which the High Court restated the principles to be adopted when assessing capital and income needs after a short marriage.’

Full Story

Family Law, 11th September 2017

Source: www.familylaw.co.uk

Finance and Divorce Update September 2017 – Family Law Week

Posted September 7th, 2017 in agreements, appeals, divorce, financial provision, news, Supreme Court by tracey

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

Full Story

Family Law Week, 1st September 2017

Source: www.familylawweek.co.uk