EP 103: Secular law intervenes in religious marital deadlock – Anthony Metzer – Law Pod UK

Posted February 26th, 2020 in divorce, families, Judaism, marriage, news by sally

‘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”.’

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Law Pod UK, 24th February 2020

Source: audioboom.com

Muslim Non-Marriages – Becket Chambers

Posted February 21st, 2020 in appeals, chambers articles, divorce, Islam, islamic law, marriage, news by sally

‘In 1999, Jerry Hall and Mick Jagger separated and in a move heralding a long and acrimonious legal battle, Jagger sensationally released a public statement saying that he would be contesting Jerry Hall’s petition for divorce on the grounds that he and Jerry Hall were not and never had been married!’

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Becket Chambers, 17th February 2020

Source: becket-chambers.co.uk

Peers alarmed at Henry VIII powers in divorce bill – Law Society’s Gazette

Posted February 20th, 2020 in bills, divorce, news, parliament by sally

‘The House of Lords has urged the government to chop elements of the divorce bill that would enable the lord chancellor to radically alter the reforms without parliamentary scrutiny.’

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Law Society's Gazette, 19th February 2020

Source: www.lawgazette.co.uk

Mostyn J. and ‘amicable’ divorces – St Ives Chambers

‘amicable (spelt with a little ‘a’) charged the parties £300 for helping with preparation of their divorce petition and application for decree nisi, and a further £300 for drafting a simple precedent-compliant cleanbreak order (which the parties had negotiated) together with accompanying Form A, D81, joint disclosure statement. Their letter forwarding the same to the court attracted the attention of the court and this application.’

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St Ives Chambers, February 2020

Source: www.stiveschambers.co.uk

Appeal Court rules Islamic marriages invalid in UK – BBC News

Posted February 17th, 2020 in appeals, divorce, Islam, islamic law, marriage, news by sally

‘A court has reversed a judgment from two years ago which found that a couple who had an Islamic wedding ceremony could legally divorce.’

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BBC News, 14th February 2020

Source: www.bbc.co.uk

Financial Remedy Update, February 2020 – Family Law Week

Posted February 13th, 2020 in cohabitation, divorce, financial provision, joinder, matrimonial home, news, third parties by tracey

‘Sarah Hunter, Senior Associate and Eleanor Cawthra, Associate Mills & Reeve LLP consider the important news and case law relating to financial remedies and divorce during February 2020.’

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Family Law Week, 12th February 2020

Source: www.familylawweek.co.uk

A novel approach to Get refusal: the use of the offence of coercive control to obtain a religious divorce – Oxford Human Rights Hub

Posted February 12th, 2020 in coercive & controlling behaviour, divorce, human rights, Judaism, marriage, news, women by sally

‘For Jewish women, obtaining a religious divorce (Get) can be life-changing. Women denied a Get are considered ‘chained’ to their husband, preventing them from re-marrying within the faith (whilst not affecting the husband’s ability to re-marry). The power to grant the Get is usually considered the unilateral right of the husband. Because a purely religious marriage is not recognised in England as a civil marriage, women have little recourse to the courts. So, what happens when a husband refuses to grant a religious divorce to his wife? For these women, their human rights to manifest their religion and to enter into marriages are denied, such that they cannot live fully as both religious individuals and bearers of human rights. However, a novel approach to this problem, a private prosecution for coercive control, could offer Jewish women an alternative avenue to protect their human rights.’

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Oxford Human Rights Hub, 4th February 2020

Source: ohrh.law.ox.ac.uk

Having the last word in financial remedies – Becket Chambers

Posted February 6th, 2020 in divorce, evidence, financial provision, housing, news by sally

‘The recent case of AR v ML [2019] EWFC 56 is a cautionary tale against adducing further evidence at a late stage in an attempt to have the last say within financial remedy proceedings.’

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Becket Chambers, 3rd February 2020

Source: becket-chambers.co.uk

Tick the box at your peril: a warning for lawyers completing the Pension Sharing Annex form P1 – Becket Chambers

Posted January 28th, 2020 in divorce, financial provision, news, pensions by sally

‘Financial remedy lawyers are familiar with the Form P1 Pension Sharing Annex under section 24B of the Matrimonial Causes Act 1973. It records the instructions for how to share a party’s pension and who is to bear the cost, and also contains the parties’ details. It is approved by the court and sent to pension administrators to start the process of implementation of a pension sharing order.’

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Becket Chambers, 22nd January 2020

Source: becket-chambers.co.uk

Divorce or Separation: Impact on Leave to Remain – Richmond Chambers

Posted January 22nd, 2020 in deportation, divorce, domestic violence, families, immigration, news by sally

‘January is often referred to as the ‘divorce month’ and according to recent reports 8th January is a popular day to dissolve marriages. There are many who are in the UK with leave to enter or remain and are dependent on their relationship or marriage or civil partnership. What happens if this applies to you and your relationship permanently breaks down? What action do you need to take if you separate or get divorced? What are the implications of a relationship breakdown and can you remain in the UK?’

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Richmond Chambers, 17th January 2020

Source: immigrationbarrister.co.uk

High Court rejects judges’ complaints about online divorce service – Legal Futures

Posted January 21st, 2020 in conflict of interest, divorce, drafting, electronic filing, news by sally

‘A senior High Court judge has granted declarations making it clear that an online service has not broken conflict of interest rules or the Legal Services Act by helping divorcing couples draft their own documents and not use lawyers.’

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Legal Futures, 21st January 2020

Source: www.legalfutures.co.uk

Divorcee sues top law firm after taking out ‘crippling’ loan to pay for legal fight with husband – Daily Telegraph

‘A businesswoman who wrongly believed she would win a substantial divorce settlement from her wealthy husband is suing a top law firm after taking out a crippling loan to pay their fees.’

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Daily Telegraph, 18th January 2020

Source: www.telegraph.co.uk

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

Posted January 9th, 2020 in divorce, financial provision, news by tracey

‘Naomi Shelton, Associate, Mills & Reeve LLP considers the important news and case law relating to financial remedies and divorce during November 2019.’

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Family Law Week, 30th December 2019

Source: www.familylawweek.co.uk

What is no fault divorce and why does it matter? – The Independent

Posted January 9th, 2020 in bills, divorce, news by tracey

‘The start of 2020 is set to see the biggest shake up of divorce laws for over half a century as the Divorce, Dissolution and Separation Bill entered Parliament on 7 January. First promised by the government in April 2018, divorcing couples have now been waiting nearly a year for the arrival of the bill, which is likely to revolutionise marriage split with the introduction of “no-fault” divorce.’

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The Independent, 8th January 2020

Source: www.independent.co.uk

Divorce reform swiftly returns to parliament – Law Society’s Gazette

Posted January 8th, 2020 in bills, divorce, marriage, news, reasons by sally

‘The government has swiftly put long-awaited divorce reform back on the agenda after reintroducing legislation to end what the justice secretary called ‘needless antagonism’.’

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Law Society's Gazette, 7th January 2020

Source: www.lawgazette.co.uk

Why ‘where’ matters – jurisdiction considerations for international divorces – Family Law

Posted December 20th, 2019 in brexit, divorce, EC law, families, foreign jurisdictions, international law, jurisdiction, news by tracey

‘The question of whether to seek a divorce is one over which many people agonise. However, for divorcing couples with international connections, the associated questions of when and in which country to get divorced are also extremely important considerations, and ones which can have serious repercussions for the outcome.’

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Family Law, 18th December 2019

Source: www.familylaw.co.uk

ALI V BARBOSA [2019] EWHC 2776 (Fam)– Void or Voidable. Maintaining the discretion of the family court and the importance of the circumstances of the case – Becket Chambers

Posted December 13th, 2019 in divorce, families, family courts, news, Scotland, statutory interpretation by sally

‘In October 2019, Mrs Justice Lieven DBE considered an application by a husband that the wife’s divorce proceedings, and the decree absolute, should be set aside for breaches in relation to service of the proceedings.’

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Becket Chambers, 6th December 2019

Source: becket-chambers.co.uk

English judges deciding Scottish divorce cases is “recipe for chaos”, Supreme Court hears – Daily Telegraph

Posted December 10th, 2019 in choice of forum, divorce, financial provision, news, Scotland by sally

‘English judges deciding Scottish divorce cases is a “recipe for chaos”, the Supreme Court has heard in a landmark case between an aristocrat and his estranged wife.’

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Daily Telegraph, 9th December 2019

Source: www.telegraph.co.uk

Family Law Newsletter #31 – Spire Barristers

‘Articles from around the web, Legislation updates and Case Updates from Care Proceedings and Financial Remedy matters.’

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Spire Barristers, 2nd December 2019

Source: spirebarristers.co.uk

Divorce rate falls for heterosexual couples in England and Wales – The Guardian

Posted December 2nd, 2019 in divorce, news, statistics by sally

‘The divorce rate for opposite sex couples in England and Wales has plunged to its lowest level for almost half a century – partly due to problems in processing applications.’

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The Guardian, 29th November 2019

Source: www.theguardian.com