‘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.’
Daily Telegraph, 14th August 2017
Source: www.telegraph.co.uk
‘A new “DIY” divorce form designed to speed up the process could lead to thousands more people being accused of adultery, lawyers warn.’
Daily Telegraph, 10th August 2017
Source: www.telegraph.co.uk
‘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.’
The Independent, 9th August 2017
Source: www.independent.co.uk
‘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.’
The Independent, 25th July 2017
Source: www.independent.co.uk
‘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.’
New Law Journal, 7th July 2017
Source: www.newlawjournal.co.uk
‘Sue Brookes, Senior Associate with Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during June 2017.’
Family Law Week, 6th July 2017
Source: www.familylawweek.co.uk
‘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’.’
Law Society's Gazette, 19th June 2017
Source: www.lawgazette.co.uk
‘If you ever spy your wife or husband in discussion with Ayesha Vardag you might need to panic.’
BBC News, 19th June 2017
Source: www.bbc.co.uk
‘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.’
Law Society's Gazette, 13th June 2017
Source: www.lawgazette.co.uk
‘Claire Molyneux of Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during May 2017.’
Family Law Week, 9th June 2017
Source: www.familylawweek.co.uk
‘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.’
Daily Telegraph, 13th June 2017
Source: www.telegraph.co.uk
‘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.’
Family Law Week, 12th may 2017
Source: www.familylawweek.co.uk
‘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.’
Full text of the latest view from the President’s chambers
The Guardian, 17th May 2017
Source: www.guardian.co.uk
‘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.’
The Guardian, 11th May 2017
Source: www.guardian.co.uk
‘Byron James barrister, Expatriate Law (United Arab Emirates) considers the interaction between UK family law and divorce proceedings in Dubai.’
Family Law Week, 27th April 2017
Source: www.familylawweek.co.uk
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
‘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.’
The Independent, 24th April 2017
Source: www.independent.co.uk
‘Sue Brookes, Senior Associate with Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during March 2017.’
Family Law Week, 20th April 2017
Source: www.familylawweek.co.uk
‘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.’
Daily Telegraph, 11th April 2017
Source: www.telegraph.co.uk
© Inner Temple Library 2017