‘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.’
Family Law, 7th August 2018
Source: www.familylaw.co.uk
‘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.’
No. 5 Chambers, 24th August 2018
Source: www.no5.com
‘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.’
Law and Religion UK, 3rd August 2018
Source: www.lawandreligionuk.com
‘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.’
Family Law, 2nd August 2018
Source: www.familylaw.co.uk
‘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.’
The Guardian, 1st August 2018
Source: www.theguardian.com
‘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.’
BBC News, 30th July 2018
Source: www.bbc.co.uk
‘Men fearing losing half their assets in divorce means there are growing numbers of cohabiting middle-aged couples, lawyers say.’
Daily Telegraph, 27th July 2018
Source: www.telegraph.co.uk
‘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.’
Rights Info, 25th July 2018
Source: rightsinfo.org
‘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.’
Law Society's Gazette, 20th July 2018
Source: www.lawgazette.co.uk
‘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.’
BBC News, 19th July 2018
Source: www.bbc.co.uk
‘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.’
Family Law Week, 11th July 2018
Source: www.familylawweek.co.uk
‘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.’
Daily Telegraph, 12th July 2018
Source: www.telegraph.co.uk
‘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.’
Family Law, 11th July 2018
Source: www.familylaw.co.uk
‘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.’
UK Human Rights Blog, 3rd July 2018
Source: ukhumanrightsblog.com
‘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.’
Family Law, 2nd July 2018
Source: www.familylaw.co.uk
‘The president of the Family Division is to be asked what the court should do in the highly unusual case of a ‘whistleblower’ from the solicitors of one party to a divorce sending it legally privileged information.’
Legal Futures, 27th June 2018
Source: www.legalfutures.co.uk
‘As the summer sunshine continues, so too does the flow of Supreme Court appeals dealing with fundamental family law questions. In the last few weeks, they have looked at extending civil partnerships to straight couples and the modern approach to ‘unreasonable behaviour’ within divorce petitions. The latest issue considered by the UK’s highest court has been maintenance, specifically, the correct approach to varying a maintenance order years after the divorce and financial settlement have been finalised.’
Family Law, 22nd June 2018
Source: www.familylaw.co.uk
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