How far will the Supreme Court go as it tackles Owens v Owens? – Family Law

Posted June 22nd, 2018 in divorce, marriage, news, statutory interpretation, Supreme Court by tracey

‘On 17 May, the Supreme Court heard the case of Owens v Owens. It is the first time that the ‘fault based’ divorce provisions in the Matrimonial Causes Act 1973 (MCA 1973) have been considered by the highest court.’

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Family Law, 21st June 2018

Source: www.familylaw.co.uk

Villiers – a cross border conundrum – Family Law Week

Posted June 21st, 2018 in appeals, divorce, financial provision, jurisdiction, news, Scotland by tracey

‘Lucia Clark, Partner (dual-qualified in English and Scottish family law) and Alex Critchley, Solicitor, both of Morton Fraser LLP consider the implications of the recent Court of Appeal judgment in Villiers v Villiers.’

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Family Law Week, 18th June 2018

Source: www.familylawweek.co.uk

Unreasonable behaviour: Owens v Owens highlights that divorce law is no longer fit for purpose – Family Law

Posted June 20th, 2018 in divorce, marriage, news by sally

‘It will come as a surprise to many that the divorce law in England and Wales has not changed during the past 45 years or so despite the numerous social changes which have occurred since then.’

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Family Law, 19th June 2018

Source: www.familylaw.co.uk

Divorce beauty parades: genuine market research or litigation manoeuvring? – Family Law

Posted June 19th, 2018 in conflict of interest, divorce, law firms, news, privilege, solicitors by sally

‘This article considers the decision in ZS v FS [2017] EWHC 2660 (Fam), in which a husband failed in his application to prevent his ex-wife’s solicitor from acting.’

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Family Law, 18th June 2018

Source: www.familylaw.co.uk

Owens: unreasonable behaviour on trial – New Law Journal

Posted June 18th, 2018 in divorce, marriage, news, statutory interpretation, Supreme Court by sally

‘On 17 May, the Supreme Court heard the case of Owens v Owens . It is the first time that the ‘fault based’ divorce provisions in the Matrimonial Causes Act 1973 (MCA 1973) have been considered by the highest court.’

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New Law Journal, 15th June 2018

Source: www.newlawjournal.co.uk

Finance and Divorce Update, June 2018 – Family Law Week

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

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Family Law Week, 14th June 2018

Source: www.familylawweek.co.uk

Ending a marriage in the 21st century, a look beyond no fault divorce – Family Law Week

Posted June 14th, 2018 in divorce, marriage, news by tracey

‘Sophie Crampton, Pupil, Coram Chambers makes the case for reform of the law of divorce.’

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Family Law Week, 8th June 2018

Source: www.familylawweek.co.uk

Foreign pre-nup, English divorce? What’s the deal? – Family Law

Posted June 8th, 2018 in divorce, foreign jurisdictions, news, prenuptial agreements by sally

‘It is not at all uncommon for international couples who marry abroad to have entered into a pre-nuptial agreement or a ‘matrimonial property regime’. Pre-nuptial agreements are indeed commonplace in many countries which treat these documents as binding and legally enforceable agreements. But what happens when a foreign pre-nup finds its way to the English divorce courts?’

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Family Law, 6th June 2018

Source: www.familylaw.co.uk

The blame game: Getting divorced in the UK – BBC News

Posted May 29th, 2018 in divorce, news, statistics by sally

‘Divorce lawyer drama The Split comes to a conclusion on Tuesday while, in the real world, a couple await the verdict in what has been described as the most significant divorce case of the century.’

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BBC News, 27th May 2018

Source: www.bbc.co.uk

Interim Sale of the Family Home in Financial Remedy Proceedings – Family Law Week

‘Philip Newton, barrister, Becket Chambers Canterbury considers whether it is possible to obtain an order for sale of the family home before the final hearing.’

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Family Law Week, 23rd May 2018

Source: www.familylawweek.co.uk

Courts Service to use lessons of online divorce pilot to develop digital family law service – Legal Futures

Posted May 21st, 2018 in divorce, electronic filing, family courts, news, pilot schemes by sally

‘The Courts Service has laid out how it will develop its new online divorce facility, starting with enabling lawyers to submit petitions on behalf of clients.’

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Legal Futures, 21st May 2018

Source: www.legalfutures.co.uk

Brexit implications for family law analysed in panel discussion at European Parliament – Family Law

Posted May 21st, 2018 in brexit, divorce, EC law, families, family courts, foreign jurisdictions, news by sally

‘Four family law experts took part in a panel discussion at the European Parliament yesterday to discuss the implications for family law of the UK leaving the EU.’

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Family Law, 18th May 2018

Source: www.familylaw.co.uk

Should it be easier to get a divorce in England and Wales? – BBC News

Posted May 17th, 2018 in appeals, divorce, news, Supreme Court by tracey

‘Tini Owens desperately wants to divorce her husband. She says she’s been unhappy for many years and she feels locked in a loveless marriage. For her, after four decades together and with their children now grown up, it’s time to formally end the relationship. But her husband, Hugh Owens, does not feel the same way. He says they still have a few years to enjoy together. He’s fighting hard to stop her getting her way and has been successful so far. Their divorce battle goes to the highest court in the UK on Thursday.’

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BBC News, 17th May 2018

Source: www.bbc.co.uk

Bitcoins and hiding wealth in divorce – Family Law

Posted May 8th, 2018 in cryptocurrencies, divorce, financial provision, internet, news by sally

‘Divorce ends the marriage but does nothing to end the financial arrangements between the parties. If the parties cannot agree these, and as part of court proceedings to determine who gets what, the parties have to provide full and frank disclosure to the other of their entire financial means. This procedure allows the parties to be open and transparent about the extent of the assets in the marriage. There could be a situation arising whereby a party seeks to hide their wealth but evidence provided with disclosure such as bank statements in paper form provides a paper trail and this makes for the hiding of cash movements very difficult. But what if that party holds Bitcoins or other crypto-currencies?’

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Family Law, 4th May 2018

Source: www.familylaw.co.uk

Ex-husband used corporate structures to conceal wealth, court rules – OUT-LAW.com

‘An English court has ordered a wealthy Russian businessman to transfer ownership of a luxury yacht from one of his companies to his ex-wife, in order to satisfy part of their divorce settlement.’

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OUT-LAW.com, 3rd May 2018

Source: www.out-law.com

A terrible muddle: the issue of no-fault divorce – Family Law

Posted May 4th, 2018 in divorce, news, Supreme Court by tracey

‘On 17 May this year, the Supreme Court will hear the case of Owens v Owens. Never before has it had to consider what is meant by s 1(2)(b) of the Matrimonial Causes Act 1973 (MCA 1973) “that the Respondent has behaved in such a way that the Petition cannot reasonably be expected to live with the Respondent”, or (for short), “unreasonable behaviour”.’

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Family Law, 3rd May 2018

Source: www.familylaw.co.uk

Guidance on Financial Needs on Divorce: Edition 2 – April 2018 – Courts and Tribunals Judiciary

Posted April 26th, 2018 in divorce, family courts, financial provision, news by tracey

‘The FJC has now published the second edition of this useful guide for the family judiciary, courts and legal advisers. Since the publication of the first edition in June 2016, the guidance has established itself as an invaluable tool in relation to the making of orders to meet financial needs following divorce and the dissolution of civil partnerships.’

Full guide

Courts and Tribunals Judiciary, 26th April 2018

Source: www.judiciary.gov.uk

Waggott v Waggott: in support of the clean break – Family Law

Posted April 26th, 2018 in appeals, divorce, financial provision, news, periodical payments by sally

‘The case of Waggott v Waggott [2018] EWCA Civ 727 is being hailed by some as the end to the ‘meal ticket’, but the decision in respect of periodical payments is perhaps not surprising, there are few cases these days where a ‘joint lives’ order is the eventual outcome.’

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Family Law, 25th April 2018

Source: www.familylaw.co.uk

Divorce blame game leads to futile court battles, new study finds – The Guardian

Posted April 26th, 2018 in divorce, families, news, reports by sally

‘The lack of no-fault divorce in England and Wales is forcing separating couples into unnecessary and unsuccessful courtroom battles to establish who caused the breakdown, according to a report by the Nuffield Foundation.’

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The Guardian, 26th April 2018

Source: www.theguardian.com

Woman divorcing husband when he died claims £675k damages because ‘I still loved him’ – Daily Telegraph

Posted April 25th, 2018 in accidents, damages, divorce, news, road traffic by sally

‘A woman who was divorcing her husband when he died is trying to claim over £675,000 in damages because she claims she still loved him, the High Court has heard.’

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Daily Telegraph, 24th April 2018

Source: www.telegraph.co.uk