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.’

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Daily Telegraph, 14th August 2018

Source: www.telegraph.co.uk

Divorce and Financial Remedy Update, August 2018 – Family Law Week

Posted August 9th, 2018 in bills, divorce, family courts, financial provision, news, periodical payments by tracey

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

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Family Law Week, 8th August 2018

Source: www.familylawweek.co.uk

Does Akhter v Khan mean that English Law now recognises Shariah marriages? – Family Law

Posted August 8th, 2018 in divorce, marriage, news by tracey

‘At first glance, it might appear from the reported case of Akhter v Khan [2018] EWFC 54 that we have now finally arrived at the stage where English civil law has recognised an Islamic marriage (Nikah) which has been performed in England and Wales.’

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Family Law, 7th August 2018

Source: www.familylaw.co.uk

The Divorce Trap: Life After Owens v Owens – Family Law Week

Posted August 8th, 2018 in consent, divorce, news, statutory interpretation, Supreme Court by tracey

‘Georgina Rushworth, Family Law Barrister at Coram Chambers, where she specialises in divorce and its financial consequences, considers the implications of the recent Supreme Court decision.’

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Family Law Week, 3rd August 2018

Source: www.familylawweek.co.uk

Mills v Mills Spousal Maintenance – A Meal Ticket for Life? – No. 5 Chambers

Posted August 7th, 2018 in divorce, financial provision, news, periodical payments, Supreme Court by sally

‘On the 18th July, 2018, the Supreme Court determined that the Court of Appeal erred in increasing Ms Mills’ (hereafter ‘W’) periodical payments from £13,200 to £17,292 – the increase of £4,092 being the deficit in W’s ‘Needs Budget’ prepared for the substantive application to vary her periodical payments upwards; her ‘needs’ including her costs of renting a property when capital provision had been settled to meet her housing need.’

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No. 5 Chambers, 24th August 2018

Source: www.no5.com

Akhter: legal consequences of an unregistered nikah ceremony – Law and Religion UK

Posted August 6th, 2018 in divorce, islamic law, marriage, news by sally

‘In Akhter v Khan [2018] EWFC 54, the couple had had a nikah ceremony in 1998 but had not registered the marriage under civil law. They had four children together. The petitioner, Nasreen Akhter, sought a divorce from Mohammed Shabaz Khan in November 2016. The husband (so called for convenience) defended the divorce on the basis that the parties had not entered a marriage valid according to English law; the wife (ditto) argued that the presumption of marriage arising out of cohabitation and reputation applied so as to validate the marriage. In the alternative, she averred that the marriage was a void marriage within section 11(a)(iii) of the Matrimonial Causes Act 1973. There were two central questions: whether the parties were to be treated as a validly married under English law by operation of a presumption of marriage and, if not, was the marriage a void marriage susceptible to a decree of nullity.’

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Law and Religion UK, 3rd August 2018

Source: www.lawandreligionuk.com

The ‘behaviour’ petition in divorce – as seen in the therapist’s consulting room – Family Law

Posted August 3rd, 2018 in divorce, marriage, news by tracey

‘In the context of Resolution’s and the Family Matters campaign for no fault divorce, I hope to offer a perspective from my work as a couple therapist to show one aspect of the emotional fall-out that I see in my consulting room from the current system of fault based divorce. In particular I shall focus on the impact of the “behaviour” petition which in the wake of the case of Owens v Owens [2018] UKSC 41 has, of course, found itself in the limelight.’

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Family Law, 2nd August 2018

Source: www.familylaw.co.uk

English law applies to Islamic marriage, judge rules in divorce case – The Guardian

Posted August 2nd, 2018 in divorce, financial provision, Islam, islamic law, marriage, news by tracey

‘A high court judge has decided that a couple’s Islamic marriage falls within the scope of English matrimonial law, in a ruling that could have implications for thousands of Muslims in the UK.’

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The Guardian, 1st August 2018

Source: www.theguardian.com

Celebrity divorce lawyer backs reform of ‘archaic’ laws – BBC News

Posted August 1st, 2018 in divorce, marriage, news, solicitors by sally

‘One of the UK’s most famous divorce lawyers has backed a change in the law – but urged couples to be more practical about marriage.’

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BBC News, 30th July 2018

Source: www.bbc.co.uk

Rise of middle-aged cohabitants driven by men’s fear of divorce settlements – Daily Telegraph

Posted July 30th, 2018 in cohabitation, divorce, news by sally

‘Men fearing losing half their assets in divorce means there are growing numbers of cohabiting middle-aged couples, lawyers say.’

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Daily Telegraph, 27th July 2018

Source: www.telegraph.co.uk

It’s 2018 And You Still Don’t Automatically Have A Right To Get Divorced From A Loveless Marriage – Rights Info

Posted July 27th, 2018 in divorce, marriage, news by sally

‘Many of us aspire to be married one day. The ability to get married is something specifically protected by our human rights. But sometimes, for one reason or another, it doesn’t work out. In 2016 there were more than 100,000 divorces in England and Wales. However, getting a divorce isn’t always that easy.’

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Rights Info, 25th July 2018

Source: rightsinfo.org

Tini Owens loses Supreme Court divorce fight – BBC News

Posted July 25th, 2018 in appeals, consent, divorce, news, Supreme Court by tracey

‘A woman who wants to divorce her husband on the grounds she is unhappy has lost her Supreme Court appeal. Tini Owens, 68, from Worcestershire, wanted the court to grant her a divorce from her husband of 40 years Hugh, who is refusing the split.’

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BBC News, 25th July 2018

Source: www.bbc.co.uk

Travelling abroad with children after separation – is permission needed? – Family Law

Posted July 25th, 2018 in child abduction, children, consent, divorce, holidays, news by tracey

‘Getting away on holiday with children is hard enough; following separation, there may be an additional complication and it will need early attention.’

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Family Law, 24th July 2018

Source: www.familylaw.co.uk

There’s still no end in sight, says ‘winning’ husband in Mills v Mills – Law Society’s Gazette

Posted July 20th, 2018 in divorce, news, periodical payments, Supreme Court by tracey

‘The “meal ticket” phrase has long been loathed by family law specialists who see it as lazy journalism to describe a complex and nuanced area of their practice. But there was little comfort from this week’s Supreme Court ruling in Mills v Mills, trailed as the case that might do away with periodical payments for good.’

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Law Society's Gazette, 20th July 2018

Source: www.lawgazette.co.uk

Woman awarded £100k after husband’s death mid-divorce – BBC News

Posted July 20th, 2018 in damages, divorce, financial provision, news, road traffic offences by tracey

‘A woman whose husband was killed in the midst of the pair’s divorce has been awarded more than £100,000 in damages. Cathryn Craven brought a £676,985 claim against driver Terry Davies, who ploughed into Jayson, 48, in June 2014. She had argued there was a chance of reconciliation, while Davies’ lawyers had said the marriage was doomed.’

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BBC News, 19th July 2018

Source: www.bbc.co.uk

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

Posted July 13th, 2018 in divorce, financial provision, news by tracey

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

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Family Law Week, 11th July 2018

Source: www.familylawweek.co.uk

Banker’s wife whose husband took mistress to his office party wins right to divorce him in England – Daily Telegraph

Posted July 13th, 2018 in choice of forum, divorce, news by tracey

‘A multi-millionaire banker’s wife who found out her husband had taken his mistress to his office party has won the right to divorce him in England.’

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Daily Telegraph, 12th July 2018

Source: www.telegraph.co.uk

Stand by your man? The clash of criminal law and family law concerning inter-spousal transfers of assets – Family Law

Posted July 11th, 2018 in confiscation, divorce, fraud, matrimonial home, news, proceeds of crime by tracey

‘The judgment of the Court of Appeal in R v Hayes [2018] EWCA 682 is a stark and unsettling reminder of how occasionally a family court and a criminal court may deliver contradictory judgments on the same facts.’

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Family Law, 11th July 2018

Source: www.familylaw.co.uk

How much of a groundbreaking decision is the CJEU’s judgment for transgender rights? – Thibault Lechevallier – UK Human Rights Blog

‘Weeks after ruling against certain sexual orientation tests for asylum seekers and finding that EU Member States must recognise the free movement rights of gay spouses, regardless of whether same-sex marriages are solemnised therein, the European Court of Justice (ECJ) held that the UK requirement for transgendered persons to be unmarried in order to qualify for a State pension at the retirement age of their current gender violated EU law.’

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UK Human Rights Blog, 3rd July 2018

Source: ukhumanrightsblog.com

Akhmedova v Akhmedov: piercing the corporate veil – Family Law

Posted July 3rd, 2018 in company law, divorce, financial provision, news, shareholders by sally

‘It is not incomprehensible that wealthy business shareholders feed their high-net-worth assets through their companies, with the consequence of making the assets available to their spouse limited and out of reach. It therefore comes as no real surprise that the English family courts have shown that they are prepared to tackle the issues related with parties hiding international assets within divorce proceedings, whilst trying to remedy the same.’

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Family Law, 2nd July 2018

Source: www.familylaw.co.uk