Restore legal aid for separating couples, MoJ urged – Law Society’s Gazette

Posted December 11th, 2018 in budgets, consultations, divorce, families, legal aid, news by sally

‘Digitising the divorce application process and hoping for the best isn’t enough to reform the legal requirements for splitting up, the Law Society has warned, telling the government to restore legal aid so that separating couples can receive early advice.’

Full Story

Law Society's Gazette, 11th December 2018

Source: www.lawgazette.co.uk

Divorce is not a “blank cheque” for litigation, judge warns – Legal Futures

Posted November 27th, 2018 in costs, divorce, financial provision, indemnities, legal representation, news by tracey

‘Litigation is not a “blank cheque” and divorcing people cannot behave on the basis that they are bound to be reimbursed for their costs, a leading family law judge has warned.’

Full Story

Legal Futures, 27th November 2018

Source: www.legalfutures.co.uk

Annual Bar and Young Bar Conference 2018: David Gauke speech – Ministry of Justice

Posted November 26th, 2018 in artificial intelligence, barristers, brexit, budgets, courts, divorce, fees, speeches by tracey

‘Lord Chancellor David Gauke spoke about the revised Advocates Graduated Fee Scheme in his speech on 24 November 2018.’

Full speech

Ministry of Justice, 24th November 2018

Source: www.gov.uk/government/organisations/ministry-of-justice

Changes to spousal maintenance to be proposed tomorrow – Family Law

Posted November 23rd, 2018 in bills, divorce, families, financial provision, news, select committees by sally

‘Tomorrow, a Bill brought by Baroness Deech in the House of Lords will reach the committee stage. The Bill seeks to amend the Matrimonial Causes Act 1973 with regard to financial settlements following divorce. The Bill proposes introducing a fixed-term limit for spousal maintenance, among other things. Some family lawyers are warning the Bill’s provisions are unnecessary, arbitrary and risk unfairness.’

Full Story

Family Law, 22nd November 2018

Source: www.familylaw.co.uk

Removing blame from divorce will make it easier for separating couples to achieve a settlement – Family Law

Posted October 31st, 2018 in dispute resolution, divorce, news by sally

‘There is a sense of irony, perhaps even comedy, in a situation that sees government Ministers looking to make the process of divorce simpler – at the very time they’re struggling to come to terms with Brexit: the most complex divorce that UK policy makers have ever faced.’

Full Story

Family Law, 31st October 2018

Source: www.familylaw.co.uk

Succession and discrimination – death or divorce – Nearly Legal

Posted October 29th, 2018 in divorce, housing, human rights, landlord & tenant, local government, news, succession by sally

‘This was a challenge, arising from a possession claim, to the ‘one succession’ rule on secure tenancies.’

Full Story

Nearly Legal, 28th October 2018

Source: nearlylegal.co.uk

Court rejects claim ‘one succession rule’ unlawfully discriminated over divorce – Local Government Lawyer

Posted October 26th, 2018 in divorce, housing, human rights, landlord & tenant, local government, news, succession by tracey

‘Rules governing the right to take over a social housing tenancy when the former tenant dies do not discriminate unlawfully between widows and divorcees contrary to Article 14 of the European Convention on Human Rights (ECHR), the High Court has ruled.’

Full Story

Local Government Lawyer, 25th October 2018

Source: www.localgovernmentlawyer.co.uk

Family law 2018: on divorce reform – Family Law

Posted October 23rd, 2018 in bills, case management, divorce, evidence, families, marriage, news by sally

‘David Burrows assesses the government’s proposals for an overhaul of divorce law, and supplies some suggestions of his own.’

Full Story

Family Law, 22nd October 2018

Source: www.familylaw.co.uk

Reflections on the state of family law – Family Law

‘This year has seen momentum grow towards family law reform following a series of landmark Supreme Court decisions. Until now, this has not prompted the government to change the law, with ministers instead opting to take soundings.’

Full Story

Family Law, 5th October 2018

Source: www.familylaw.co.uk

Divorce & Financial Remedy Update, October 2018 – Family Law Week

‘Naomi Shelton, Associate, Mills & Reeve LLP considers the news and case law relating to financial remedies and divorce during September 2018.’

Full Story

Family Law Week, 2nd October 2018

Source: www.familylawweek.co.uk

Divorcing man told: You can’t pay your lawyers without paying your wife’s – Legal Futures

Posted September 18th, 2018 in costs, divorce, financial provision, law firms, news by sally

‘The husband in a divorce dispute cannot pay his lawyers a pound without paying a pound to his wife’s solicitors, the High Court has ruled.’

Full Story

Legal Futures, 18th September 2018

Source: www.legalfutures.co.uk

Reform of the legal requirements for divorce – Ministry of Justice

Posted September 18th, 2018 in consultations, divorce, news by sally

‘The breakdown of a marriage is a difficult time for families. The decision to divorce is often a very painful one. Where children are involved, the effects in particular where there is ongoing conflict, can be profound.’

Full Story

Ministry of Justice, 15th September 2018

Source: consult.justice.gov.uk

Government releases plans for family law in event of a “no-deal” Brexit – Family Law

Posted September 17th, 2018 in brexit, divorce, family courts, jurisdiction, news, treaties by sally

‘Yesterday [13 September] the Government published the first of its guidance dealing with justice matters in the event of the UK leaving the EU with “no deal” on 29 March 2019. The Ministry of Justice published a technical notice on handling civil legal cases, which includes consideration of co-operation between the UK and the EU in family matters following Brexit.’

Full Story

Family Law, 14th September 2018

Source: www.familylaw.co.uk

“No pain, no drain” divorce? – Family Law

Posted September 17th, 2018 in divorce, marriage, news by sally

‘It is official. The Justice Secretary David Gauke has now confirmed that proposals are under way to make the divorce process less confrontational.’

Full Story

Family Law, 15th September 2018

Source: www.familylaw.co.uk

Brexit and international family law: a pragmatic approach to divorce and maintenance – Family Law

Posted September 5th, 2018 in divorce, financial provision, news, treaties by sally

‘On 12 July the Government published its post-Chequers White Paper, The future relationship between the United Kingdom and the European Union, which sets out broad proposals for the future partnership between the UK and the 27 other EU Member States over a wide range of policy areas. This provides an opportune moment to revisit the pressing issue of what the Government should aim to achieve in the area of international family law as we leave the EU.’

Full Story

Family Law, 4th September 2018

Source: www.familylaw.co.uk

A Human Right to Divorce? – Oxford Human Rights Hub

Posted September 5th, 2018 in divorce, human rights, married persons, news by sally

‘The case of Owens v Owens rocked the legal world in late July, when the Supreme Court decided that Tini Owens could not divorce her husband, despite the court recognising that this could leave her “trapped in an unhappy marriage.” Her husband, Hugh John Owens, had sought to defend against Mrs Owens’ petition for divorce on the grounds that “although never emotionally intense, the marriage had been successful and that he and Mrs Owens had learnt how to “rub along”. In ruling against Mrs Owens, Lord Wilson said the decision “generates uneasy feelings” and suggested that Parliament should consider statutory change. Yet, bearing in mind that statutory change may take some time, is the right to leave an unhappy marriage not also a human right?’

Full Story

Oxford Human Rights Hub, 27th August 2018

Source: ohrh.law.ox.ac.uk

Funding Freshers – who pays for an older child’s university tuition fees on divorce? – Family Law

‘This month thousands of people up and down the country found out whether they had done enough to get into their university of choice. After a long, hard slog involving many sacrificed weekends and evenings, Freshers’ Week will no doubt provide some much needed light relief before it’s time to do it all over again over the next three to four years.’

Full Story

Family Law, 28th August 2018

Source: www.familylaw.co.uk

Reforms to improve enforcement of family financial orders fall short – OUT-LAW.com

Posted August 22nd, 2018 in debts, divorce, enforcement, financial provision, Law Commission, news by sally

‘Plans to make it easier for divorcees to enforce financial orders of the courts in England and Wales do not go far enough to address the challenges those divorcees face in obtaining access to offshore assets of high net worth individuals.’

Full Story

OUT-LAW.com, 20th August 2018

Source: www.out-law.com

Government agrees to improve financial order enforcement – Family Law

Posted August 21st, 2018 in debts, divorce, enforcement, financial provision, Law Commission, news by sally

‘The Law Commission has announced that the Government has agreed to help improve financial orders enforcement following its report published in 2016. The Government has committed to bringing forward non-legislative measures in order to reform and improve the enforcement system, as well as taking time to consider further reform in the future.’

Full Story

Family Law, 17th August 2018

Source: www.familylaw.co.uk

Thousands of couples ‘exaggerate marriage faults to get divorce’ – Daily Telegraph

Posted August 14th, 2018 in divorce, news, reports by sally

‘A third of divorcees lie about cheating, a partner’s unreasonable behaviour and length of separation to get their divorce through the courts, a study has found.’

Full Story

Daily Telegraph, 14th August 2018

Source: www.telegraph.co.uk