BC v BG – Cementing the future of arbitration – Family Law Week

Posted February 11th, 2019 in arbitration, divorce, families, financial dispute resolution, news by tracey

‘Julie Stather, barrister, Crown Office Row, Brighton considers the role of arbitration and what the future holds for the scheme.’

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Family Law Week, 8th February 2019

Source: www.familylawweek.co.uk

Single Name Family Home Constructive Trusts: Is Lloyds Bank v Rosset Still Good Law? – Radcliffe Chambers

Posted February 8th, 2019 in constructive trusts, divorce, matrimonial home, news by sally

‘The breakdown of a loving relationship can cause both emotional and legal uncertainties. From a property law perspective, the key question is: who gets what? In most cases, the most valuable part of this question is: who gets the house?’

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Radcliffe Chambers, 14th January 2019

Source: www.radcliffechambers.com

No-fault divorce to become the law – The Guardian

Posted February 8th, 2019 in consent, divorce, news, time limits by sally

‘No-fault divorces that could replace the protracted courtroom battles couples often face when separating are to be introduced into law.’

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The Guardian, 8th February 2019

Source: www.theguardian.com

Blog: Divorce and the Muslim community – Family Law

‘Solicitor advocate and law writer David Burrows writes that to define a valid marriage in English law is by no means obvious.’

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Family Law, 7th February 2019

Source: www.familylaw.co.uk

Analysis: Was De Gafforj ruling another missed opportunity? – Family Law

‘Stuart Clark, of the International Family Law Group, looks at the Court of Appeal ruling that granted Anne Orenga de Gafforj a Hadkinson Order in September 2018.’

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Family Law, 7th February 2019

Source: www.familylaw.co.uk

Trusts and divorce: the ‘Chinese tigers’ saga continues – Family Law

Posted February 6th, 2019 in charities, divorce, news, trusts by tracey

‘Edward Floyd, a partner at Penningtons Manches in London, writes that there has been a fascinating twist in the tale of the long running, bitterly contested litigation, Quan v Bray (dubbed the “Chinese tigers” case) after the wife’s financial claims on divorce came before Mr Justice Mostyn in December 2018. The case has spanned six years and legal fees of £7 million have been incurred, attracting widespread tabloid interest.’

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Family Law, 6th February 2019

Source: www.familylaw.co.uk

Analysis: Changing financial settlements – Family Law

Posted February 6th, 2019 in consent orders, disclosure, divorce, financial provision, news by tracey

‘According to Stuart Clark and Emma Chowdhury, of the International Family Law Group, the English Family Courts strongly encourage any financial order made upon divorce or civil partnership dissolution to be final, as in not changeable after the event. This applies equally to orders reached by consent as it does to orders imposed by the court following a contested final hearing.’

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Family Law, 6th February 2019

Source: www.familylaw.co.uk

Analysis: New Practice Direction signals further step forward for online divorce – Family Law

‘Emma Chowdhury, of the International Family Law Group, discusses new Practice Direction FPR 2010 PD 36L whichs allow some litigants in person to pilot the next stage of the online divorce system.’

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Family Law, 24th January 2019

Source: www.familylaw.co.uk

Potential use of share options in divorce settlements – Family Law

Posted January 17th, 2019 in divorce, families, financial dispute resolution, news, shareholders by tracey

‘In this article, Trevor Slack, a partner at Griffins and former principal at Charles River Associates, discusses an approach that may be taken in valuing a family business in divorce proceedings.’

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Family Law, 16th January 2019

Source: www.familylaw.co.uk

Financial Remedy & Divorce Update, January 2019 – Family Law Week

‘Rose-Marie Drury, Senior Associate, and Sue Brookes, Principal Associate, Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during December 2018.’

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Family Law Week, 11th January 2018

Source: www.familylawweek.co.uk

Man wrong to think kisses in estranged wife’s texts were ‘flirtatious’, judge rules – The Independent

Posted January 14th, 2019 in bills, divorce, domestic violence, families, family courts, news, telecommunications by tracey

‘A woman who ended text messages with a kiss was not being “flirtatious” with her estranged husband, a judge has ruled.’

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The Independent, 13th January 2018

Source: www.independent.co.uk

Who gets the children at Christmas? – Family Law

Posted December 20th, 2018 in children, custody, divorce, families, holidays, news by tracey

‘For many families, Christmas is a happy time of year. But for those who may be newly separated, it can be a time of heartbreak. This leads to the very important question – who gets the children at Christmas? Monica Blizzard, a director of KHQ Lawyers and head of the family and relationship law team, looks at the details.’

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Family Law, 19th December 2018

Source: www.familylaw.co.uk

Aristocrat loses court battle for family estate – Daily Telegraph

Posted December 19th, 2018 in appeals, divorce, news, peerages & dignities by sally

‘An aristocrat today lost a court battle with his mother over ownership of his family’s 3,000-acre estate after a judge dismissed his claim it was promised to him as inheritance.’

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Daily Telegraph, 18th December 2018

Source: www.telegraph.co.uk

Are English marriage laws compliant with the EHCR? — David Burrows – UK Human Rights Blog

Posted December 18th, 2018 in divorce, human rights, marriage, news by sally

‘On 10 December 2018 responses were due to the government’s divorce reform proposals, Reducing family conflict Reform of the legal requirements for divorce (September 2018). A reply to responses is due from the Government, says the Ministry of Justice, by 8 March 2019.’

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UK Human Rights Blog, 17th December 2018

Source: ukhumanrightsblog.com

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.’

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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.’

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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.’

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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.’

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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.’

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Nearly Legal, 28th October 2018

Source: nearlylegal.co.uk