‘Cases involving bigamy are relatively rare, and the judgment of Williams J in Padero-Mernagh v Mernagh provides a useful analysis of the relevant law in that regard. Of particular note, however, is the way in which the final hearing was dealt with remotely, in light of the COVID-19 pandemic.’
Family Law, 28th May 2020
Source: www.familylaw.co.uk
‘The start of the new tax year has understandably almost arrived unnoticed due to the pandemic, however, there are some pretty big changes which came into effect from 6 April 2020 which may particularly impact divorcing couples.’
Family Law, 22nd May 2020
Source: www.familylaw.co.uk
‘This article considers a recently-handed down case making financial provision for children where one was over the age of 18 at the time of making the application and another child was over 18 at the time of judgment and compares the position with that in Italy, where provision for children can include adult children as a matter of course.’
Pump Court Chambers, 11th May 2020
Source: www.pumpcourtchambers.com
‘It is proving to be a very modern divorce. Armies of lawyers and advisers; hundreds of millions of pounds at stake; priceless art; a superyacht; a key lieutenant switching sides; the son dragged into the proceedings by his mother. No wonder some involved have likened it to The War of the Roses, the dark Hollywood comedy about a feuding couple starring Kathleen Turner and Michael Douglas.’
The Guardian, 10th May 2020
Source: www.theguardian.com
‘Jack Rundall considers the case of W v H (divorce financial remedies) [2020] EWFC B10 in relation to the treatment of pensions on divorce, a case which he suggests is being under-reported amongst the concerns surrounding Covid 19.’
Pump Court Chambers, 1st May 2020
Source: www.pumpcourtchambers.com
‘Among all the other changes being made to people’s financial arrangements, firstly as a result of our anticipated Brexit, and then as a result of the Covid-19 pandemic, and their concomitant impact on economies, both macro and micro, share values, savings rates and property values, it’s easy to forget that significant changes have also been made to personal tax arrangements. For those in marriages or civil partnerships who are separating, or for those who have already separated and are going through divorce or dissolution proceedings and their associated financial remedy proceedings, that includes changes to Capital Gains Tax.’
Pump Court Chamber, 27th April 2020
Source: www.pumpcourtchambers.com
‘Going through a divorce can be an overwhelming process whereby those involved are seeking answers and security during a time of uncertainty. Questions often asked by divorcing spouses signing up to spousal maintenance orders in favour of their soon-to-be former spouse may be, “what happens if they cohabit? How does cohabitation affect divorce settlement? Surely I will not have to continue to pay maintenance in these circumstances?”. And the answer is that you might. Cohabitation after divorce and cohabitation before divorce is final do not necessarily have bearing on spousal maintenance payments, division of goods, or their rights in a divorce, unless clearly stipulated in your court order.’
St Paul's Chambers, 23rd April 2020
Source: www.stpaulschambers.com
‘A solicitor who “dipped into” a divorce client’s money, repeatedly lied about it and warned her not to complain to the Solicitors Regulation Authority (SRA) or Legal Ombudsman (LeO) has been struck off.’
Legal Futures, 24th April 2020
Source: www.legalfutures.co.uk
‘Lawyers have been inundated with inquiries from divorced parents arguing about where their children should stay during the lockdown, with some trying to get their former partners sent to jail for breaking existing custody arrangements.’
The Guardian, 7th April 2020
Source: www.theguardian.com
‘Whether and how a religious marriage is recognised in law has profound consequences for couples and their children. This is the question at the heart of the Court of Appeal decision in Attorney General v Akhter and Khan [2020]. Here, the judges were faced with determining the status of a religious ceremony, conducted in a restaurant over 20 years ago – and in doing so, what family law rights the ‘wife’ has against her ‘husband’. In Akhter v Khan [2018] EWFC 54 the High Court argued for a novel solution to this question, through the law on null marriages. Widely praised for its pragmatism, the judge was able to avoid recognising their religious marriage as such, whilst still providing remedial protection to the ‘wife’ under Section 11 of the Matrimonial Causes Act 1973. The Court of Appeal has now reversed this decision and re-asserted the orthodox rules on recognising religious marriages.’
Oxford Human Rights Hub, 17th March 2020
Source: ohrh.law.ox.ac.uk
‘The Law Society has called for long-awaited legislation reforming divorce to be amended to ensure ex-spouses are not left financially vulnerable as a result of pension orders.’
Law Society's Gazette, 17th March 2020
Source: www.lawgazette.co.uk
‘The case of Khan v Akhter has now been decided by the Court of Appeal. It received a huge amount of coverage in the legal press and beyond. In simple terms, the court has ruled that a couple who went through a religious-only wedding ceremony in the UK are neither validly married nor parties to a void marriage, overturning an earlier decision of the High Court.’
Family Law, 12th March 2020
Source: www.familylaw.co.uk
‘In this article, we look at the recent decision in the ongoing and highly publicised divorce case of Akhmedova v Akhmedov. This decision is the latest in a long run of enforcement cases brought by the wife against her former husband, who, in 2016, was ordered to pay her one of the largest reported financial settlements in England. While the judge was critical of the husband’s reorganisation of his assets to put and keep them beyond the wife’s reach, this is not the end of the road for this case. This judgment is simply another stepping-stone towards the wife realising the award she is entitled to.’
Family Law, 11th March 2020
Source: www.familylaw.co.uk
‘Sue Brookes, Principal Associate, Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during February 2019.’
Family Law Week, 9th March 2020
Source: www.familylawweek.co.uk
‘Family analysis: Siddique Patel, solicitor at Shoosmiths, discusses the decision of the Court of Appeal overturning that of Williams J when he ruled that an Islamic Nikah ceremony could be classed as a void marriage giving rise to financial remedies.’
Family Law, 5th March 2020
Source: www.familylaw.co.uk
‘Traditional marriage etiquette recommends sending out wedding invitations 6-8 weeks before the big day. Under the proposed new divorce reform, a spouse might have the same amount of notice of the ending of their marriage.’
Family Law, 5th March 2020
Source: www.familylaw.co.uk
‘There are commonly two forms of maintenance obligations in a financial order – maintenance for the Wife (so called “periodical payments” or “pps”) and payments for the benefit of a child/ children. The order will prescribe the date for the first payment, the rates of pps and the date for termination of those pps. Termination of pps are commonly the first to occur of:
– the death of either party
– the receiving party’s remarriage
– the youngest child completing secondary education or attaining 18 years of age, whichever is the later or
– Further order of the court.’
5 SAH, 26th February 2020
Source: www.5sah.co.uk
‘A solicitor who sacrificed possible partnership at a magic circle law firm to have children has been awarded an extra £400,000 in her divorce settlement with an equity partner at the same firm.’
Legal Futures, 3rd March 2020
Source: www.legalfutures.co.uk
‘We are approaching 20 years since the seminal House of Lords decision in White v White [2000] UKHL 54, yet the judicial debate as to how to implement the principle it established, that there should be no discrimination between breadwinner and homemaker in financial arrangements on divorce, remains alive.’
Family Law, 26th February 2020
Source: www.familylaw.co.uk
‘New UK law on oppressive behaviour in a relationship has been used successfully to persuade a recalcitrant Jewish husband to grant his wife a divorce recognisable in the religious courts: Rosalind English discusses this landmark case with Anthony Metzer QC”.’
Law Pod UK, 24th February 2020
Source: audioboom.com
© Inner Temple Library 2020