divorce – Page 18 – Current Awareness

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.’

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.’

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 sally

‘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

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 sally

‘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

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.’

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.’

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.’

Rights Info, 25th July 2018

Source: rightsinfo.org

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 sally

‘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

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 sally

‘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

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

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

‘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

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 sally

‘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

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 sally

‘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

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

Posted July 4th, 2018 in divorce, EC law, marriage, news, pensions, sex discrimination, Supreme Court, transgender persons by sally

‘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

Akhmedova v Akhmedov: piercing the corporate veil – Family Law

Posted July 3rd, 2018 in company law, corporate veil, 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.’

Family Law, 2nd July 2018

Source: www.familylaw.co.uk

Court in tangle after law firm ‘whistleblower’ sends it privileged material – Legal Futures

Posted June 27th, 2018 in divorce, law firms, news, privilege, solicitors, whistleblowers by sally

‘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

Varying maintenance? What’s the right answer? – Family Law

Posted June 25th, 2018 in divorce, financial provision, news by sally

‘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

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 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.’

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 sally

‘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.’

Family Law Week, 18th June 2018

Source: www.familylawweek.co.uk

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