Selling matrimonial property – Family Law

Posted March 1st, 2019 in divorce, families, financial dispute resolution, housing, news by tracey

‘Following a separation with a spouse or partner, it is common for a property to be sold. Jason Weeks, CEO & Co-Founder of Vendorable.com, a global platform for real estate services, looks at this issue.’

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Family Law, 1st March 2019

Source: www.familylaw.co.uk

Analysis: Child Arrangement Order – Family Law

‘According to Azhar Hussain, solicitor-Advocate and head of family at Optimal Solicitors, a child arrangement order may be necessary to resolve disagreements regarding where and with who children will live, or how much time they will spend with a parent or other person with whom they do not live.’

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Family Law, 27th February 2019

Source: www.familylaw.co.uk

Analysis: Parental alienation and the new Cafcass assessment framework – Family Law

Posted February 27th, 2019 in children, divorce, families, news, parental responsibility, parental rights by tracey

‘Laura Hughes and Rebecca Dziobon, of Penningtons Manches LLP, discuss parental alienation, a form of psychological abuse against both the child and the rejected parent, and which is a concept that is becoming more recognised and understood in the UK.’

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Family Law, 27th February 2019

Source: www.familylaw.co.uk

Spousal maintenance orders: a meal ticket for life? – Family Law

Posted February 25th, 2019 in appeals, bills, children, cohabitation, divorce, families, financial provision, news, Supreme Court by tracey

‘According to Sara Hunt, a knowledge lawyer at Farrer & co, the recent decision of the Supreme Court in Mills v Mills has highlighted the current debate regarding spousal maintenance in England and Wales. Press headlines have focused on the apparent “meal ticket for life” that such orders are said to provide.’

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Family Law, 25th February 2019

Source: www.familylaw.co.uk

BC v BG – Challenging arbitration awards in divorce cases – Transparency Project

Posted February 20th, 2019 in arbitration, divorce, matrimonial home, news by sally

‘Divorcing couples who cannot agree how to divide their property can, as an alternative to costly and time consuming litigation, refer the matter to an arbitrator. But if one of them isn’t happy about the outcome, the matter could still end up in court. The recent case of BC v BG [2019] EWFC 7 considers the different ways this can happen, and confirms what should be the preferred approach.’

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Transparency Project, 19th February 2019

Source: www.transparencyproject.org.uk

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