Finance and Divorce Update, January 2018 – Family Law Week

‘Sue Brookes, Senior Associate with Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during December 2017.’

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Family law Week, 10th January 2018

Source: www.familylawweek.co.uk

Divorce in the era of cryptocurrency: Bitcoin and non-disclosure – Family Law

Posted January 11th, 2018 in cryptocurrencies, disclosure, divorce, fees, internet, news by tracey

‘Bitcoin is a form of digital currency developed in 2009. It is created and held electronically in a decentralized system meaning that no one and no government controls it. Bitcoins aren’t printed but are ‘mined’ by both people and businesses using software that solves complex mathematical problems. Prone to volatility, Bitcoin hit the news last month after it reached an all-time high then dropped in value by almost 20% in a time period of only 90 minutes. Despite its erratic nature, the interest and investment in Bitcoin is rapidly growing and with more people holding Bitcoin, it is likely to be a far more common asset in divorce proceedings. Further, the extra privacy given to Bitcoin holders, as opposed to those who hold money in a bank, has led to many discussions on whether it will be the case that non-disclosers in divorce proceedings will increasingly try to hide assets through Bitcoin.’

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Family Law, 11th January 2018

Source: www.familylaw.co.uk

Cost of divorce up 17% in three years amid soaring legal fees and housing costs – The Independent

Posted January 11th, 2018 in costs, divorce, fees, housing, news, reports by tracey

‘Separating couples now typically spend £14,561 on lawyers and lifestyle costs, plus an additional £35,000 to rent or £144,600 to buy new property.’

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The Independent, 11th January 2018

Source: www.independent.co.uk

Privacy, the common law and a celebrity divorce – Transparency Project

Posted January 10th, 2018 in divorce, family courts, media, news, privacy by sally

‘Under the headline ‘Jamie and Louise Redknapp’s divorce papers to be kept secret as a judge blocks the release of documents’ the Transparency Project reported last week-end that the Press were complaining a London court had ‘blocked the release of papers that would normally be made public and he has not given a reason why’. The Daily Mail, TP said, had complained: ‘A judge has thrown a blanket of secrecy over the’ couple’s divorce.’

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Transparency Project, 9th January 2018

Source: www.transparencyproject.org.uk

Family law: plus ça change? – New Law Journal

Posted January 9th, 2018 in cohabitation, divorce, financial provision, news by sally

‘Reform is a constant feature of the family justice system—Geraldine Morris questions whether the underlying issues are being addressed.’

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New Law Journal, 5th January 2018

Source: www.newlawjournal.co.uk

The perennial pantomime of ‘Divorce D Day’? – Family Law

Posted January 8th, 2018 in divorce, media, news by sally

‘January 8 is being dubbed “Divorce Day” by lawyers because of the spike in couples considering ending their marriages after the festive period’. So says a quality broadsheet. Well, it really ought to know better. Come to that, so should the Press Association announcing a story: ‘”Divorce Day” looms with sharp post-festive rise in couples considering split’.’

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Family Law, 5th January 2018

Source: www.familylaw.co.uk

Mediation: a better route to a good settlement? – Family Law

‘The Family Mediation Council (FMC) decided at the beginning of 2017 to put out three questions for consultation:
– Would the role of a mediator as an impartial third party in mediation be jeopardised by that mediator drafting a consent order, once a mediated agreement has been reached?
– Is it possible to draft a consent order without giving advice on its terms?
– Is it appropriate to draft a consent order without giving parties advice on its terms?’

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Family Law, 22nd December 2017

Source: www.familylaw.co.uk

Finance and Divorce Update, December 2017 – Family Law Week

Posted December 20th, 2017 in divorce, family courts, financial provision, fraud, jurisdiction, news, solicitors by tracey

‘Frances Bailey Principal Associate and Naomi Shelton, Associate with Mills & Reeve LLP, analyse the news and case law relating to financial remedies and divorce during November 2017.’

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Family Law Week, 6th December 2017

Source: www.familylawweek.co.uk

Detecting assets in financial proceedings (Richardson-Ruhan v Ruhan) – Family Law

Posted December 19th, 2017 in divorce, family courts, financial provision, news, sham transactions, third parties by sally

‘Family analysis: In Richardson-Ruhan v Ruhan the court was concerned with assertions that assets belonging to the husband were held for him by a nominee, related commercial proceedings and arguments as to sham. Michael Chapman, partner, and Holly Tootill, senior associate, both from JMW, who acted for the wife in this case, answer some questions on this complicated and extensive decision.’

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Family Law, 18th December 2017

Source: www.familylaw.co.uk

Plus ca change? A review of family law in 2017 & a look forward to 2018 – Family Law

Posted December 14th, 2017 in children, cohabitation, divorce, financial provision, news by sally

‘Reform is a now a feature of the family justice system – Geraldine Morris asks whether the underlying issues are being addressed?’

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Family Law, 14th December 2017

Source: www.familylaw.co.uk

Divorce: valuation of business assets and tracing hidden assets – the key facts – Family Law

Posted December 14th, 2017 in accountants, divorce, financial provision, news, valuation by sally

‘A forensic accountant has a number of functions. If they are the single joint expert (SJE) in the context of divorce proceedings, their job is usually going to be to value one or more of the parties’ business assets.’

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Family Law, 13th December 2017

Source: www.familylaw.co.uk

Privacy and the Princess – Transparency Project

Posted December 13th, 2017 in divorce, freedom of expression, human rights, matrimonial home, news, privacy by sally

‘Once upon a time, His Royal Highness Louis Xavier Marie Guillaume, Prince of Luxembourg, Prince of Nassau and Prince of Bourbon-Parma married Tessy Antony, now Her Royal Highness Tessy Princess of Luxembourg, Princess of Nassau and Princess of Bourbon-Parma. Unfortunately, they did not live happily ever after, as, after 11 years of marriage and two children, they are now divorcing in the High Court in London.’

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Transparency Project, 11th December 2017

Source: www.transparencyproject.org.uk

The impact of acrimonious family breakdowns on children – Family Law

Posted December 12th, 2017 in children, divorce, families, mental health, news by sally

‘The issue of single parent families has attracted the attention of headline writers for more than a generation. But in the reporting of data relating to them, much of it centres on the two million single parents who comprise a quarter of all UK families with dependent children. Notably, rather less coverage is given to the 3.2m children who live with a single parent, most of whom come from a divorced family. Far less likely to make headlines is that many of these children are adversely affected by parental conflict.’

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Family Law, 11th December 2017

Source: www.familylaw.co.uk

The process for Jewish and Muslim women seeking a divorce – Family Law

Posted December 12th, 2017 in dispute resolution, divorce, islamic law, Judaism, news by sally

‘The Islamic Sharia Council and the Jewish Beth Din provide private, faith-related dispute resolution in a non-legal setting.’

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Family Law, 11th December 2017

Source: www.familylaw.co.uk

A new financial court for the super wealthy? – Transparency Project

Posted December 11th, 2017 in courts, divorce, financial dispute resolution, judges, news by sally

‘The Times and The Telegraph are reporting that new courts are being established to deal with the financial side of divorces for the wealthy.’

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Transparency Project, 8th December 2017

Source: www.transparencyproject.org.uk

New courts planned to hear super-wealthy battle over finances – Daily Telegraph

‘Divorce battles among the super wealthy will be heard in separate courts under a plan to make the system more efficient, the head of the family court has announced.’

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Daily Telegraph, 4th December 2017

Source: www.telegraph.co.uk

Financial Remedies Courts should lead to ‘greater predictability’ – Family Law

Posted December 6th, 2017 in courts, divorce, families, financial dispute resolution, news, pilot schemes by sally

‘Legal experts believe new Financial Remedies Courts (FRCs) should provide claimants and respondents with greater predictability, when resolving financial claims on relationship breakdown. Three FRCs will be piloted in London, the West Midlands and South East Wales from February 2018. Judges in FRCs will have a greater level of expertise in financial cases. Partners at Mishcon de Reya and Alexiou Fisher Philipps say this will lead to greater predictability of outcome, which the Law Commission has found is not always the case at present, and that it will free up more time in the overburdened family courts.’

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Family Law, 6th December 2017

Source: www.familylaw.co.uk

Pets and divorce – who keeps the family pet? – Family Law

Posted December 4th, 2017 in animals, custody, dispute resolution, divorce, news by sally

‘For many couples pets are an integral part of family life. But when relationships break down, it is not uncommon for arguments to arise about who gets to keep the family pet. So how do these disputes get resolved and what are the rules?’

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Family Law, 1st December 2017

Source: www.familylaw.co.uk

Ex-wife of cheating travel boss demands share of his earnings on top of £10m payout – Daily Telegraph

Posted November 30th, 2017 in appeals, delay, divorce, financial provision, news by tracey

‘The ex-wife of a travel boss who had multiple affairs is demanding a share of his future earnings on top of a £10m divorce payout, the court of appeal has heard.’

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Daily Telegraph, 29th November 2017

Source: www.telegraph.co.uk

When divorce bites back: reputational damage and the professional adviser – Family Law

Posted November 28th, 2017 in dispute resolution, divorce, financial provision, news by sally

‘Professional advisers need to tread very carefully when a client wants to pursue an aggressive strategy to frustrate a spouse’s financial claims during divorce proceedings. Aggressive asset protection might well achieve a client’s financial objectives – at least in the short term. But the consequential reputational damage caused to the client, his or her advisers and their firms can be severe – and lasting.’

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Family Law, 28th November 2017

Source: www.familylaw.co.uk