30 years of the Child Support Act – House of Commons Library

Posted July 21st, 2021 in children, divorce, families, financial provision, legal history, news, parliament by sally

‘The UK’s formal system for child support arrangements between separated families, without involving the courts, is provided by the Child Maintenance Service (CMS). This succeeded the Child Support Agency (CSA), first established in 1993 with the Child Support Act 1991.’

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House of Commons Library, 20th July 2021

Source: commonslibrary.parliament.uk

Applying the CMS Formula in High Income Cases – Family Law Week

‘Joshua Viney, barrister, and Henry Pritchard, pupil barrister, both of 1 Hare Court, explore the circumstances in which it might be unfair to apply the CMS formula.’

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Family Law Week, 14th July 2021

Source: www.familylawweek.co.uk

CGT and Divorce – changes ahead? – Family Law Week

Posted July 12th, 2021 in divorce, families, financial dispute resolution, news, taxation by tracey

‘Jo Carr-West and Lara Barton, partners at Hunters Law LLP, explain recent recommendations that would assist divorcing couples in minimising and managing the CGT implications of separating their financial affairs.’

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Family Law Week, 10th July 2021

Source: www.familylawweek.co.uk

Family Arbitration: the outlook after Haley – Family Law

‘The recent decision of the Court of Appeal in Haley v Haley [2020] EWCA Civ 1369 (case report at [2021] Fam Law 37) settled an important issue for family arbitration. It established that contested awards in the area of financial remedy could be reviewed by the Family Court by a process akin to an appeal against decisions made in court proceedings, and on the same basis as such an appeal: that the decision is “wrong”. This article assesses the significance of the decision by looking at its background and context. It sets out our understanding of the procedural implications. Finally, it identifies remaining areas of uncertainty and offers some views as to how they might be resolved.’

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Family Law, 17th June 2021

Source: www.familylaw.co.uk

Pension sharing orders: Finch v Baker – Family Law

Posted June 18th, 2021 in appeals, divorce, families, financial dispute resolution, news, pensions by tracey

‘The Court of Appeal judgment in Finch v Baker [2021] EWCA Civ 72 was released on 28 January 2021. The judgment provides some useful guidance on not being able to get what are essentially conduct arguments contrary to s25(g) through the back door by making “negative contribution” arguments, and it also highlights the importance of ensuring that you adduce and apply for the most appropriate and necessary evidence in advance of a hearing. Simply arguing that an updated pension report is needed, following an appeal hearing, on the basis that the pension sharing order made would not reflect the judge’s intentions as the CE figures would be significantly out of date, is insufficient and misconceived.’

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Family Law, 17th June 2021

Source: www.familylaw.co.uk

Family Affairs Financial Remedies Update June 2021 – St John’s Chambers

‘Not for the first time, the reported cases are dominated by parties with limited connection with England and Wales, or indeed with the quotidian financial experience of most of those involved in litigation before our courts. There is a handful of cases which address the impact of the pandemic but, as Judge Kloss observed in one, the fact that there has not been a ‘tsunami’ of Barder applications suggests that the exceptionality condition for such applications is being recognised.’

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St John's Chambers, 8th June 2021

Source: www.stjohnschambers.co.uk

Costs orders – litigate at your peril – Family Law

‘It seems there has been a never-ending line of costs commentary flowing through the reported decisions from financial remedy courts as of late. There is a clear trend of encouraging the making of costs orders; something that was far from the norm of no costs orders in contested financial remedy proceedings a few years ago. The reasons for this encouragement are many and possibly speculative; perhaps a by-product of the cuts to Legal Aid and therefore the lack of access to legal representation inevitably leading to extensive, unnecessary, and unmeritorious litigation, perhaps a consequence of the continued backlog in the family courts, perhaps an ancillary product of the widening parameters of judicial discretion and uncertainty?’

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Family Law, 3rd June 2021

Source: www.familylaw.co.uk

Narcissism and Family Law – a practitioner’s guide – Family Law Week

Posted June 7th, 2021 in barristers, divorce, families, legal profession, mental health, news, solicitors by tracey

‘Karin Walker, Founder of KGW Family Law, provides a guide to help family lawyers identify and manage narcissistic behaviour in any divorce or separation.’

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Family Law Week, 4th June 2021

Source: www.familylawweek.co.uk

Will future earnings ever be shared after divorce? – Family Law

‘Almost all clients want their finances to be resolved without ongoing financial connections so they can each go their separate ways without continuing financial ties i.e., they want to have a “clean break”.’

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Family Law, 20th May 2021

Source: www.familylaw.co.uk

Anglo-Swiss Divorce Proceedings Post-Brexit, Part II: Recognition and Enforcement of Financial Orders – Family Law Week

‘Roxane Reiser, barrister of 1 Hare Court, analyses the impact of Brexit on the recognition and enforcement of English financial orders in Switzerland.’

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Family Law Week, 19th May 2021

Source: www.familylawweek.co.uk

Pension sharing orders: Finch v Baker – Family Law

Posted May 20th, 2021 in divorce, evidence, financial provision, news, pensions, taxation by tracey

‘The Court of Appeal judgment in Finch v Baker [2021] EWCA Civ 72 was released on 28 January 2021. The judgment provides some useful guidance on not being able to get what are essentially conduct arguments contrary to s25(g) through the back door by making “negative contribution” arguments, and it also highlights the importance of ensuring that you adduce and apply for the most appropriate and necessary evidence in advance of a hearing. Simply arguing that an updated pension report is needed, following an appeal hearing, on the basis that the pension sharing order made would not reflect the judge’s intentions as the CE figures would be significantly out of date, is insufficient and misconceived.’

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Family Law. 14th May 2021

Source: www.familylaw.co.uk

Profession: Expert Witness – Family Law

‘The value of a family business or business interest is treated as an asset and therefore part of the matrimonial pot to be distributed when it comes to negotiating a financial settlement on divorce or in dissolution settlements. Since the business valuation may be the most significant component of the total matrimonial assets, it needs to be ascertained with care, normally with expert assistance, in order to achieve a fair division of family wealth on divorce.’

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Family Law, 6th May 2021

Source: www.familylaw.co.uk

Resources and Section 25 of the Matrimonial Causes Act 1973 – Family Law Week

‘Joseph Rainer and Thomas Haggie, barristers of Queen Elizabeth Building, consider third-party assets and their bearing on the court’s assessment of resources in financial remedy cases.’

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Family Law Week, 28th April 2021

Source: www.familylawweek.co.uk

Departing from Equality in Farming Divorces – Family Law Week

‘Nichola Bright, Senior Associate at Myerson, explains some of the difficulties inherent in divorces involving agricultural assets.’

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Family Law Week, 22nd April 2021

Source: www.familylawweek.co.uk

Oligarch’s son told to pay mother £75m after world’s biggest divorce case – The Guardian

Posted April 22nd, 2021 in divorce, families, financial provision, news by sally

‘The son of an oligarch caught up in the world’s largest divorce case has been told to pay £75m to his mother after a judge at the high court in London found he was “a dishonest individual who will do anything to assist his father”.’

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The Guardian, 21st April 2021

Source: www.theguardian.com

The Perils of Contested Divorce Proceedings – Pump Court Chambers

Posted April 16th, 2021 in appeals, case management, chambers articles, divorce, families, news by sally

‘As many practitioners will be aware, defended divorce cases are rare. According to a recent study by the Nuffield Foundation, “No Contest: Defended Divorce in England & Wales”, formally defended divorces account for less than one percent of divorces each year in England & Wales.’

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Pump Court Chambers, 15th March 2021

Source: www.pumpcourtchambers.com

Eight things you need to know: Personal Injury damages in divorce cases – Family Law

Posted April 16th, 2021 in damages, divorce, families, news, personal injuries by tracey

‘The “pre-acquired” or “non-matrimonial” argument is one which has taken up much commentary in family law circles over recent years. However, the conundrum can be even more challenging when considering personal injury damages that one party may have received in order to meet their specific needs arising from an accident or injury.’

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Family Law, 16th April 2021

Source: www.familylaw.co.uk

Money for Nothing? Crypto-Assets and their Implications in Matrimonial and Private Client Work – Pump Court Chambers

‘For the matrimonial finance and private client lawyer, crypto-assets can form a major part of a client’s estate and we are seeing them with increasing frequency. It is vital that we can identify, value and understand them, and advise on their implications for clients, for others interested in client assets, and to assist the court, if necessary.’

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Pump Court Chambers, 19th March 2021

Source: www.pumpcourtchambers.com

Johnny Depp loses bid to overturn High Court libel ruling that he assaulted Amber Heard – The Independent

Posted March 26th, 2021 in appeals, deceit, defamation, divorce, domestic violence, evidence, media, news by tracey

‘Johnny Depp has lost a bid to overturn a damning High Court ruling which concluded he assaulted his ex-wife Amber Heard and left her in “fear for her life”.’

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The Independent, 25th March 2021

Source: www.independent.co.uk

Capitalisation of Child Maintenance: a very rare bird – Family Law Week

‘Jo Carr-West, partner with Hunters, considers the implications of Mr Justice Mostyn’s recent judgment in AZ v FM.’

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Family Law Week, 16th March 2021

Source: www.familylawweek.co.uk