Government announces early legal advice pilot for separating couples – Legal Futures

‘The government is to launch a pilot of early legal advice for separating couples to judge what impact it could have to speed up a resolution.’

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Legal Furures, 26th January 2024

Source: www.legalfutures.co.uk

British woman still married to ‘prominent’ Indonesian businessman – judge rules – The Independent

Posted November 28th, 2023 in divorce, foreign jurisdictions, marriage, news by tracey

‘The estranged British wife of a “prominent” Indonesian businessman who wants a judge in England to decide how much she walks away with has won an initial round of a London divorce fight.
Deputy High Court Judge James Ewins has ruled that Monisha Mahtani, 49, is still married to husband Vivek Mahtani, 51, under English law.’

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The Independent, 27th November 2023

Source: www.independent.co.uk

Litigation friend ordered to pay £42,000 costs for ‘wholly inadequate’ performance – Law Society’s Gazette

‘A litigation friend who was said to be suffering from depression has been ordered to pay more than £42,000 in costs after a judge found his performance “wholly inadequate.”’

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Law Society's Gazette, 23rd November 2023

Source: www.lawgazette.co.uk

Special Contributions in Family Law – 33 Bedford Row

‘How often do practitioners have a client insist that they have made a “greater” or a “special” contribution to the family’s finances? This is a regular occurrence in conference rooms up and down the country. This instruction from a lay client is often followed by a request to “ring fence” certain assets. What advice should be given to these adamant lay clients? Invariably, a lay client must be advised that it is extremely difficult to convince a court and that one party has made a “special contribution”. The court’s reluctance is rooted in the need to end discrimination between the breadwinner and a homemaker. Special contribution arguments are made by the breadwinners, usually in high net-worth cases and these arguments often lead nowhere.’

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33 Bedford Row, 17th October 2023

Source: www.33bedfordrow.co.uk

The Law Commission’s Review on Financial Remedies – Pump Court Chambers

Posted October 4th, 2023 in chambers articles, divorce, financial provision, Law Commission, news, podcasts by sally

‘This podcast will look at the scope of the Law Commission’s work on this topic, and delve into the reasons why some have called for a review, the possible options for reform, the pros and cons, and comparisons with other jurisdictions.’

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Pump Court Chambers, 11th September 2023

Source: www.pumpcourtchambers.com

London’s reputation as divorce capital could be tested by legal shake-up: Jaqueline Julyan SC – 5SAH

‘A marital property regime is a system of property ownership between spouses. Property includes landed property, chattels, money in a bank account, businesses, shares in companies and claims (eg a loan). Marital property regimes differ from country to country. In some countries the matrimonial regime is imposed by operation of law and arises automatically upon marriage. Many civil law countries allow parties to select a matrimonial regime. This is usually by way of a pre-nuptial agreement.’

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5SAH, 27th September 2023

Source: www.5sah.co.uk

Tying the Knot Abroad – Family Law

Posted October 3rd, 2023 in divorce, embassies, financial provision, foreign jurisdictions, marriage, news by sally

‘For those romantics, escapees from tradition (Las Vagas chapel not country church) or the merely impetuous, what does getting married abroad mean in terms of validity of the marriage? And for those who marry abroad and subsequently move to live in the UK, is their marriage recognised?’

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Family Law, 2nd October 2023

Source: www.familylaw.co.uk

CA allows funder to challenge financial remedy consent order – Legal Futures

Posted September 19th, 2023 in appeals, consent orders, divorce, financial provision, news, third parties by sally

‘A litigation funder owed up to £1m by the wife in a “bitter and extortionately expensive” divorce battle can remain a party to financial remedy proceedings, the Court of Appeal has ruled.’

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Legal Futures, 19th September 2023

Source: www.legalfutures.co.uk

Millionaire wins cash fight with estranged wife despite judge dubbing him ‘liar’ – The Independent

Posted August 15th, 2023 in divorce, financial provision, news, witnesses by sally

‘A 74-year-old millionaire accused of “squirrelling away” at least £27 million has won a family court fight over money with his estranged American millionaire wife despite being described by a judge as an “inveterate liar”.’

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The Independent, 14th August 2023

Source: www.independent.co.uk

CMA investigates online divorce, will-writing and other legal services – Family Law

Posted August 8th, 2023 in consumer protection, divorce, legal services, news, probate, wills by tracey

‘The Competition and Markets Authority (CMA) is keen to hear about people’s experiences with firms offering these services, over concerns that not all are complying with consumer protection law.’

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Family Law, 7th August 2023

Source: www.familylaw.co.uk

Court delays leave tens of thousands of children in limbo after parents split – The Guardian

‘Tens of thousands of children in England and Wales have been left in limbo by delays in the family court that have meant many waiting over a year for their future to be resolved.’

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The Guardian, 1st August 2023

Source: www.theguardian.com

‘Quickie’ divorces and will writing to be investigated – BBC News

Posted July 25th, 2023 in competition, divorce, legal services, news, wills by sally

‘Firms offering “quickie” divorces and will writing are to be investigated by the UK’s competition watchdog.’

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BBC News, 18th July 2023

Source: www.bbc.co.uk

“Women will suffer” warning as CA hears divorce costs funding case – Legal Futures

Posted July 12th, 2023 in appeals, costs, divorce, families, family courts, law firms, news, statistics, women by sally

‘The future of litigation funding in divorce cases – which new figures from law firms show mainly benefits women – is in the balance as the Court of Appeal hears a crucial appeal.’

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Legal Futures, 12th July 2023

Source: www.legalfutures.co.uk

Fairness versus Certainty – Should the Matrimonial Causes Act 1973 be Amended to Restrict the Duration of Spousal Maintenance? – Financial Remedies Journal

‘As part of the Law Commission’s review of the law concerning financial division upon divorce, announced on 4 April 2023, it will consider “how maintenance payments for an ex-spouse or civil partner should work”. The terms of reference set out that the Law Commission is to consider specifically potential maximum periods for spousal periodical payment orders.’

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Financial Remedies Journal, 3rd July 2023

Source: financialremediesjournal.com

Supreme Court rules in ‘death ends everything’ divorce case – Law Society’s Gazette

Posted June 30th, 2023 in appeals, bereavement, divorce, families, financial provision, news, Supreme Court by tracey

‘The Supreme Court has unanimously dismissed a wife’s appeal for financial relief against her husband’s estate after he died before the final determination of her application.’

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Law Society's Gazette, 30th June 2023

Source: www.lawgazette.co.uk

Transparency – cases about finance on divorce – Transparency Project

‘The Financial Remedies Court sub-group of the Transparency Implementation Group (TIG ) has published a 164 page report. This refers to cases about financial remedies on divorce i.e resolving issues between divorcing couples about their income and assets – they are not cases about children. The parties often have legal representation, but not always.’

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Transparency Project, 31st May 2023

Source: transparencyproject.org.uk

Firm ordered to pay ex-client £400k for negligent divorce advice – Legal Futures

‘A law firm that narrowed the scope of its retainer after a divorcing woman negotiated her own financial settlement was nonetheless negligent in failing to give her advice on the deal, the High Court has ruled.’

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Legal Futures, 24th April 2023

Source: www.legalfutures.co.uk

Custody, carer, client: family lawyers identify ‘harmful’ words – Law Society’s Gazette

Posted April 13th, 2023 in divorce, families, family courts, legal language, news by sally

‘Custody, versus, battle, opponent, rights, parties and dispute – these are the words family law professionals consider the most harmful to family relationships, according to the Family Solutions Group. The group, set up by Mr Justice Cobb in 2020, marked the first anniversary of no-fault divorce reforms by calling for an end to “combative” language in family separation cases.’

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Law Society's Gazette, 11th April 2023

Source: www.lawgazette.co.uk

Divorce reform: work finally begins on finances review – Law Society’s Gazette

‘Work has finally begun on a review of the laws governing finances on divorce – but a consultation on proposed reforms does not appear likely to emerge until 2025 at the earliest.’

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Law Society's Gazette, 4th April 2023

Source: www.lawgazette.co.uk

Family Law Newsletter – Spire Barristers

‘Family Law Newsletter Issue #65; including articles from around the web, Legislation updates and Case Updates from Care Proceedings and Financial Remedy matters.’

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Spire Barristers, 2nd March 2023

Source: spirebarristers.co.uk