divorce – Current Awareness

Language Matters: time to reframe our national vocabulary for family breakdown – Family Law

Posted October 15th, 2021 in children, divorce, families, family courts, news by tracey

‘As a society we have made huge progress, for example, in removing gender-biased and racist language from everyday speech. We do this because we recognise that using biased language can reinforce biased thinking. But there remain areas in which the power of language to influence thought and behaviour has not yet been properly appreciated. This article concerns the use of the language of aggression and conflict in the context of family breakdown and argues that it is time for change.’

Family Law, 14th October 2021

Source: www.familylaw.co.uk

High Court rules out 28 identical divorce petitions – Law & Religion UK

Posted October 14th, 2021 in divorce, drafting, evidence, news by sally

‘On 10 September 2021, Mr Justice Moor handed down the judgment Yorston & Ors, Re (Matrimonial Causes Act 1973: Improper Petitions) [2021] EWFC 80 concerning 28 petitions to the High Court. In each case, the allegations of unreasonable behaviour were absolutely identical.’

Law & Religion UK, 13th October 2021

Source: lawandreligionuk.com

Speech by the President of the Family Division: Supporting Families in Conflict – There is a better way – Courts & Tribunals Judiciary

Posted October 13th, 2021 in children, dispute resolution, divorce, domestic violence, families, family courts, judges, speeches by tracey

‘An Address by Sir Andrew McFarlane to the Jersey International Family Law Conference 2021.’

Courts & Tribunals Judiciary, 11th October 2021

Source: www.judiciary.uk

Financial Remedy Update, October 2021 – Family Law Week

Posted October 13th, 2021 in bigamy, divorce, domestic violence, families, family courts, fees, financial dispute resolution, financial provision, foreign jurisdictions, inquiries, internet, media, news, Pakistan by tracey

‘Stephanie Hawthorn, associate, and Robert Jackson, trainee solicitor, at Mills & Reeve LLP, consider the important news and case law relating to financial remedies and divorce during September 2021.’

Family Law Week, 8th October 2021

Source: www.familylawweek.co.uk

Court dismisses 28 separate divorce petitions with identical wording – Law Society’s Gazette

Posted October 13th, 2021 in divorce, families, family courts, news by tracey

‘A family court judge has dismissed 28 divorce petitions from the same company after a finding that particulars of behaviour were “absolutely identical” to each other.

Law Society's Gazette, 12th October 2021

Source: www.lawgazette.co.uk

The online divorce and financial remedy service: How far have we come? And how far can we go? – Family Law

Posted September 20th, 2021 in divorce, families, financial dispute resolution, financial provision, HM Courts Service, internet, news by tracey

‘From 13 September 2021 it will be mandatory for any divorce petition being issued by a solicitor in England and Wales to be issued via the HMCTS online portal. Paper applications will no longer be permitted. The HMCTS online divorce and financial remedy portal has come a long way since its launch in May 2018 and this is yet another important development for the provision of digital solutions in divorce and financial remedy case.’

Family Law, 17th September 2021

Source: www.familylaw.co.uk

The Importance of Obtaining a Recognised Jewish Get when Jewish Couples Divorce and what more is being done to protect ‘chained’ wives – Family Law

Posted September 13th, 2021 in divorce, families, Judaism, news by tracey

‘Partner Lucy Greenwood & trainee Solicitor Feriha Tayfur update their review of Jewish divorces (“Get”) and potential solutions to family law practitioners and clients who need to ensure that a Jewish client obtains both a civil and religious divorce.’

Family Law, 9th September 2021

Source: www.familylaw.co.uk

Financial Remedy Update, September 2021 – Family Law Week

Posted September 13th, 2021 in divorce, domestic violence, families, financial dispute resolution, islamic law, marriage, news by tracey

‘Rose-Marie Drury, Principal Associate at Mills and Reeve, consider the important news and case law relating to financial remedies and divorce during August 2021.’

Family Law Week, 9th September 2021

Source: www.familylawweek.co.uk

Parental alienation in practice – Transparency Project

Posted September 9th, 2021 in child arrangements orders, children, contact orders, divorce, news by sally

‘It is not uncommon to hear the phrase “parental alienation” in family courts in England and Wales. It is a term used to describe all manner of sins, ranging from minor parenting disputes to broad, unmitigated emotional and psychological harm to children. There has been much, and continues to be much, use of the phrase in discussions around the various issues facing the family courts and the appropriateness of the judicial remedies available to counteract it.’

Transparency Project, 7th September 2021

Source: www.transparencyproject.org.uk

Short Marriages … “A marriage is a marriage”? – Family Law

Posted September 6th, 2021 in appeals, children, divorce, families, financial dispute resolution, marriage, news by tracey

‘The recent case of E v L has once again brought to the fore short marriages and their treatment within financial remedy cases.’

Family Law, 3rd September 2021

Source: www.familylaw.co.uk

A de-facto problem – Family Law

Posted September 3rd, 2021 in cohabitation, divorce, families, financial dispute resolution, foreign jurisdictions, jurisdiction, news by tracey

‘Should cohabiting couples be permitted to bring more comprehensive financial applications to court upon separation? This longstanding discussion amongst family lawyers in England continues and will continue afresh in the wake of the recent House of Commons Briefing Paper “Common law marriage” and Cohabitation published on 4 May 2021.’

Family Law, 31st August 2021

Source: www.familylaw.co.uk

E v L [2021] EWFC 60 (Fam) – Short, childless marriages, the sharing principle and absence of white leopards – Becket Chambers

Posted August 25th, 2021 in chambers articles, children, cohabitation, divorce, families, financial dispute resolution, financial provision, marriage, news by sally

‘The parties became engaged in 2016 married in 2017 and separated in 2019. The parties disagreed over the date of cohabitation, the wife saying 2016 and the husband denying there was any cohabitation before marriage.’

Becket Chambers, 13th August 2021

Source: becket-chambers.co.uk

Division of assets in a short childless marriage (E v L) – 1 GC: Family Law

Posted August 25th, 2021 in chambers articles, children, divorce, families, financial dispute resolution, financial provision, marriage, news by sally

‘In E v L, Mr Justice Mostyn considered an application for financial remedies following a short marriage. He concluded the fact that the marriage was childless was irrelevant to whether there should be a departure from the application of the equal sharing principle. Moreover, there was no reason to distinguish between an accrual (of assets) over a short marriage and an accrual over a longer marriage. The statutory factor of the duration of marriage was likely to be reflected in any event in that an acquest over a shorter period was likely to be less. Mostyn J also considered the approach to valuing businesses in this case where three accountants gave “hot-tub” evidence as to the value of one of the husband’s companies.’

1 GC: Family Law, 10th August 2021

Source: 1gc.com

Landmark UK court ruling due in ‘bride price’ dispute – The Guardian

Posted August 16th, 2021 in contracts, divorce, islamic law, marriage, news, women by tracey

‘A landmark judgment that could bring part of UK law into line with sharia law’s position on “bride price” payments is to be announced this week in the central London county court, in a case backed by a women’s charity.’

The Guardian, 16th August 2021

Source: www.theguardian.com

Eight things you need to know: Personal Injury damages in divorce cases – Family Law

Posted August 13th, 2021 in damages, divorce, families, family courts, financial dispute resolution, financial provision, news, personal injuries by tracey

‘The “pre-acquired” or “non-matrimonial” argument is one which has taken up much commentary in family law circles over recent years. However, the conundrum can be even more challenging when considering personal injury damages that one party may have received in order to meet their specific needs arising from an accident or injury.’

Family Law, 12th August 2021

Source: www.familylaw.co.uk

Reform of s 25 criteria for a divorce financial settlement: after 50 years it’s time for the Law Commission to propose a new law – Family Law

Posted August 13th, 2021 in divorce, families, financial dispute resolution, financial provision, Law Commission, news, statute law revision by tracey

‘The statutory criteria to decide what is a fair financial settlement on divorce comes from the Matrimonial Causes Act 1973, now almost 50 years old. In reality it derives from judge made law. This has the benefit of being responsive and able to change. It has the disadvantage that there is no public or policy input into the law or changes in the law. It has the significant difficulty that by reference to almost unfettered discretion with propensity for contradictions or nuances in the judge made law it encourages litigation and discourages early settlement. David Hodson has proposed to the Law Commission, in its request for topics for its 14th programme of reform, that there should be a review of the criteria for fair and appropriate financial settlements. This sets out his proposals for the need for reform. It is in a question-and-answer process as required by the Law Commission for any submissions. It would be very helpful to hear from other lawyers and members of the public with their opinions on whether reform is needed and, far more problematical, what that reform should be.’

Family Law, 12th August 2021

Source: www.familylaw.co.uk

Pets and Divorce: Who keeps the dog? – Family Law

Posted August 6th, 2021 in animals, dispute resolution, divorce, families, news by tracey

‘The coronavirus pandemic has seen a boom in the number of couples welcoming new pets into their homes. According to the Pet Food Manufactures Association, an estimated 3.2 million UK households have acquired a pet since the start of the pandemic. However, in instances where a relationship breaks down and a couple separates or divorces, who keeps the dog?’

Family Law, 5th August 2021

Source: www.familylaw.co.uk

30 years of the Child Support Act – House of Commons Library

Posted July 21st, 2021 in children, divorce, families, financial provision, legal history, news, parliament by sally

‘The UK’s formal system for child support arrangements between separated families, without involving the courts, is provided by the Child Maintenance Service (CMS). This succeeded the Child Support Agency (CSA), first established in 1993 with the Child Support Act 1991.’

House of Commons Library, 20th July 2021

Source: commonslibrary.parliament.uk

Applying the CMS Formula in High Income Cases – Family Law Week

Posted July 16th, 2021 in children, divorce, families, family courts, financial dispute resolution, financial provision, news by tracey

‘Joshua Viney, barrister, and Henry Pritchard, pupil barrister, both of 1 Hare Court, explore the circumstances in which it might be unfair to apply the CMS formula.’

Family Law Week, 14th July 2021

Source: www.familylawweek.co.uk

CGT and Divorce – changes ahead? – Family Law Week

Posted July 12th, 2021 in divorce, families, financial dispute resolution, news, taxation by tracey

‘Jo Carr-West and Lara Barton, partners at Hunters Law LLP, explain recent recommendations that would assist divorcing couples in minimising and managing the CGT implications of separating their financial affairs.’

Family Law Week, 10th July 2021

Source: www.familylawweek.co.uk

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