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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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Family Law Week, 1st September 2017

Source: www.familylawweek.co.uk

Woman refused divorce will tell Supreme Court she should not have to prove ‘unreasonable’ behaviour – Daily Telegraph

Posted August 15th, 2017 in appeals, divorce, news, Supreme Court by sally

‘A woman refused a divorce from her millionaire husband will argue that she should not have to prove “unreasonable” behaviour as she takes her fight to the Supreme Court.’

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Daily Telegraph, 14th August 2017

Source: www.telegraph.co.uk

DIY divorce form could lead to more adultery accusations, lawyers warn – Daily Telegraph

Posted August 14th, 2017 in divorce, documents, family courts, news by sally

‘A new “DIY” divorce form designed to speed up the process could lead to thousands more people being accused of adultery, lawyers warn.’

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Daily Telegraph, 10th August 2017

Source: www.telegraph.co.uk

Woman seeking divorce over ‘loveless marriage’ takes her case to the Supreme Court – The Independent

Posted August 10th, 2017 in appeals, divorce, news, Supreme Court by tracey

‘A woman who was refused permission to divorce her husband is to take her case to the Supreme Court. Tini Owens, 66, has so far failed to persuade judges in the High Court and Court of Appeal to allow her to divorce Hugh Owens, 78, by claiming their 39-year marriage had broken down following an affair she had several years ago.’

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The Independent, 9th August 2017

Source: www.independent.co.uk

Finance and Divorce Update, August 2017 – Family Law Week

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

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Family Law Week, 2nd August 2017

Source: www.familylawweek.co.uk

I’m an LGBT rights lawyer, and these are some of the strangest cases I’ve had to fight in court – The Independent

Posted July 26th, 2017 in divorce, equality, homosexuality, marriage, news, surrogacy, transsexuals by sally

‘If you are a same sex married couple you cannot get divorced on the grounds of adultery, because ‘adultery’ in UK law still takes a biblical definition meaning a man and a woman. One of my clients couldn’t divorce her husband because he’d been cheating with a man, so it didn’t count as ‘adultery’. Another ran into serious problems with surrogacy.’

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The Independent, 25th July 2017

Source: www.independent.co.uk

Civil way – New Law Journal

‘Before I embark on this little tale, let me put you straight. So long as they act in good faith, as they always do, judges incur no liability for erroneous decisions. So that’s alright, then. And the Crown has no liability for anything done by any person discharging judicial responsibilities? Not quite, as highlighted by LL v The Lord Chancellor [2017] EWCA Civ 237, [2017] All ER (D) 123 (Apr). If a court orders a person to be arrested or detained in contravention of Art 5 of the European Convention on Human Rights then that person is entitled to damages in a claim against the Crown (ss 7(1) and 9 of the Human Rights Act 1998) and proceedings would have to be brought against the Lord Chancellor (as if he didn’t have enough to worry about already). Detention will be unlawful if the court acted without jurisdiction (which is why judges should take the Green Book with them wherever they go) or where there was a gross and obvious irregularity in the court’s procedure or a flagrant denial of justice.’

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New Law Journal, 7th July 2017

Source: www.newlawjournal.co.uk

Finance and Divorce Update, July 2017 – Family Law Week

Posted July 7th, 2017 in divorce, domestic violence, families, financial provision, news, statistics by tracey

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

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Family Law Week, 6th July 2017

Source: www.familylawweek.co.uk

Post-separation accrual – Law Society’s Gazette

Posted June 20th, 2017 in cohabitation, divorce, financial provision, married persons, news by sally

‘As Nicholas Cusworth QC, sitting as a deputy High Court judge, stated in JB v MB [2015] EWHC 1846 (Fam), where addressing post-separation accrual, he was dealing with a ‘lawless science’ and therefore the outcome he reached ‘may be arbitrary to a degree’.’

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Law Society's Gazette, 19th June 2017

Source: www.lawgazette.co.uk

The ‘diva of divorce’ for the world’s super rich – BBC News

Posted June 20th, 2017 in divorce, law firms, news, solicitors, women by sally

‘If you ever spy your wife or husband in discussion with Ayesha Vardag you might need to panic.’

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BBC News, 19th June 2017

Source: www.bbc.co.uk

Sharp v Sharp: ruling ‘gives couples more to bicker about’ – Law Society’s Gazette

Posted June 15th, 2017 in appeals, costs, divorce, financial provision, news by sally

‘A City trader has successfully challenged a divorce judgment awarding her ex-husband of four years £2.7m – in a decision that family lawyers warn raises more questions than it answers.’

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Law Society's Gazette, 13th June 2017

Source: www.lawgazette.co.uk

Finance and Divorce Update, June 2017 – Family Law Week

Posted June 14th, 2017 in divorce, financial provision, news, trusts by tracey

‘Claire Molyneux of Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during May 2017.’

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Family Law Week, 9th June 2017

Source: www.familylawweek.co.uk

Couple’s brief marriage meant husband should have smaller divorce pay-out in landmark ruling -Daily Telegraph

Posted June 14th, 2017 in divorce, financial provision, news, remuneration by tracey

‘Couples who divorce after only a brief marriage can no longer expect to have their assets split equally by default following an appeal court ruling.’

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Daily Telegraph, 13th June 2017

Source: www.telegraph.co.uk