Category: divorce

Cafcass launches ‘ground-breaking’ pilot scheme to crack down on parental alienation – Family Law

Posted November 28th, 2017 in charities, children, contact orders, divorce, news, parental responsibility, pilot schemes by sally

‘The Children and Family Court Advisory and Support Service (Cafcass) is running a pilot scheme to bring an end to separated parents poisoning their child against the other parent. Parents who are guilty of manipulating their child in this way may have their child taken away from them and, in the most extreme cases, they may be denied contact.’

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Family Law, 27th November 2017

Source: www.familylaw.co.uk

Most women in UK who have Islamic wedding miss out on legal rights

Posted November 21st, 2017 in divorce, islamic law, marriage, news, women by sally

‘Six in 10 women in the UK who have had a traditional Muslim wedding ceremony are not in legally recognised marriages, depriving them of rights and protection, according to a survey.’

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The Guardian, 20th November 2017

Source: www.theguardian.com

Article 15 transfer requests – what happens next? (FE v MR and Others) – Family Law

Posted November 20th, 2017 in brexit, children, contact orders, custody, divorce, EC law, jurisdiction, news by tracey

‘Family analysis: Analysing a case where the Family Court submitted a ‘highly unusual’ request under Article 15 of Brussels II bis to the Spanish court for it to transfer jurisdiction to the courts of England and Wales, Chris Stevenson, barrister at Fourteen, questions how such cases will be approached in a post-Brexit world.’

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Family Law, 17th November 2017

Source: www.familylaw.co.uk

Divorcing parents who poison children against their former partner could lose custody – The Independent

Posted November 20th, 2017 in contact orders, custody, divorce, news by tracey

‘Divorcing parents could lose custody or be denied contact with their children if they attempt to poison them against their former partner, under the rules of a new pilot scheme.
The “groundbreaking” initiative, being trialled by the Children and Family Court Advisory and Support Service (Cafcass), is designed to tackle the problem officially known as “parental alienation” where one parent turns a child against the other so they do not want to see them.’

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The Independent, 19th November 2017

Source: www.independent.co.uk

No-fault divorce: the future of divorce law? – Family Law

Posted November 17th, 2017 in divorce, news, reports by tracey

‘The House of Commons Library released its briefing paper dealing with “no-fault divorce” on 17 October 2017. The paper provides a helpful snapshot of the position currently in England & Wales in relation to divorce proceedings, together with a chronology of historic legislation and government schemes. It highlights that the most recent attempt to legislate for ‘no-fault divorce’ was within Pt 2 of the Family Law Act 1996, which was repealed on the basis that the provisions within Pt 2 were “unworkable”. Notwithstanding this conclusion, the Government indicated in January 2001 that it would remain committed to exploring the introduction of no-fault divorce however we are yet to see that commitment materialise into legislated change.’

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Family Law, 16th November 2017

Source: www.familylaw.co.uk

Have We Created a Monster? Intractable Contact Disputes and Parental Alienation in Context – Family Law Week

Posted November 16th, 2017 in children, contact orders, divorce, family courts, news, parental rights, residence orders by tracey

‘Briony Palmer, barrister of 3 Dr Johnson’s Buildings, considers intractable contact disputes where the underlying dynamics are not obvious.’

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Family Law Week, 15th November 2017

Source: www.familylawweek.co.uk

Munby cancels 21 divorces handled by fraudster ex-barrister – Law Society’s Gazette

Posted November 9th, 2017 in barristers, costs, divorce, documents, fraud, impersonating a barrister, news by tracey

‘The High Court has torn up 21 divorce petitions that were engineered by a convicted fraudster and former barrister.’

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Law Society's Gazette, 9th November 2017

Source: www.lawgazette.co.uk

Finance and Divorce Update, November 2017 – Family Law Week

Posted November 9th, 2017 in appeals, divorce, financial provision, news by tracey

‘Rose-Marie Drury, Senior Associate, Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during October 2017.’

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Family Law Week, 8th November 2017

Source: www.familylawweek.co.uk

From Russia with love: the latest word on Part III MFPA 1984 Claims – Family Law Week

Posted November 2nd, 2017 in delay, divorce, financial provision, foreign jurisdictions, jurisdiction, news by tracey

‘Byron James, barrister, Expatriate Law (based in the United Arab Emirates) considers the recent guidance from the Court of Appeal in relation to applications made under Part III of the Matrimonial and Family Proceedings Act 1984.’

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Family Law Week, 27th October 2017

Source: www.familylawweek.co.uk

MIAMs: a worthy idea, failing in delivery – Family Law Week

Posted November 2nd, 2017 in arbitration, dispute resolution, divorce, families, financial provision, news by tracey

‘Andrew Moore and Sue Brookes, both of Mills and Reeve LLP, consider mediation information assessment meetings, highlighting the flaws in the process and what can be done to improve the current system.’

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Family Law Week, 31st October 2017

Source: www.familylawweek.co.uk

Online divorce extended in £1bn justice system shake-up – The Guardian

Posted October 31st, 2017 in divorce, documents, electronic filing, internet, news by sally

‘All married couples will be able to apply for a divorce online as part of a £1bn change to the justice system.’

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The Guardian, 31st October 2017

Source: www.theguardian.com

New research supports calls for no-fault divorce – Family Law

Posted October 30th, 2017 in charities, dispute resolution, divorce, family courts, legislation, news, notification, reports, statute law revision by sally

‘A landmark report published today by the Nuffield Foundation calls for an end to fault-based divorce law in England and Wales.’

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Family Law, 30th October 2017

Source: www.familylaw.co.uk

Nuffield Foundation report calls for no-fault divorce – Law & Religion UK

Posted October 30th, 2017 in charities, divorce, legislation, news, notification, reports by sally

‘Today, the Nuffield Foundation has published a report, Finding Fault, which calls for the introduction of no-fault divorce in England and Wales: there is a summary version here.’

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Law & Religion UK, 30th October 2017

Source: www.lawandreligionuk.com

Lump sum orders under Pt III of MFPA 1984 – Family Law

Posted October 27th, 2017 in appeals, consent orders, divorce, family courts, financial provision, foreign jurisdictions, news, Russia, split hearings by sally

‘Family analysis: A husband’s appeal succeeded against a lump sum order made in favour of the wife by an English court after the couple agreed a financial consent order in Russian divorce proceedings. Jenny Duggan, associate at Stewarts, examines issues that arose in Zimina v Zimin.’

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Family Law, 27th October 2017

Source: www.familylaw.co.uk

Valuing pension rights on divorce – Family Law

Posted October 23rd, 2017 in divorce, financial provision, news, pensions by sally

‘Pension rights in divorce or dissolution settlements can often amount to the largest asset after the equity in the family home. Professional advisers therefore need to pay close attention to this aspect of the ‘family estate’. This article discusses valuation issues in order to provide a basis for a negotiated settlement which reflects the capital value in present-day terms of the pension rights of one or both parties and identifies areas in which solicitors may need help from forensic accountants.’

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Family Law, 20th October 2017

Source: www.familylaw.co.uk

Figures show rise in divorce for opposite-sex couples – Family Law

Posted October 20th, 2017 in divorce, news, statistics by sally

‘The number of opposite-sex couples divorcing in England and Wales increased by 5.8% in 2016, according to the latest statistical bulletin released today by the Office for National Statistics (ONS).’

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Family Law, 18th October 2017

Source: www.familylaw.co.uk

Divorce forum disputes: when dual nationality may not be a possibility – Family Law

Posted October 16th, 2017 in choice of forum, citizenship, divorce, family courts, immigration, international law, jurisdiction, news by sally

‘As there can be dramatic financial and other differences for an international family in proceedings in one country or another, jurisdiction is fundamentally important. It is sometimes based on nationality. But some countries prevent citizens having nationality of more than one country. International family lawyers need to be aware of which countries allow or prohibit dual nationality.’

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Family Law, 13th October 2017

Source: www.familylaw.co.uk

Legal aid and abandonment: grounds for divorce – Family Law

Posted October 13th, 2017 in divorce, legal aid, litigants in person, news by tracey

‘You might be forgiven for thinking that because every single divorce in England and Wales over the last four decades has been governed by the same piece of legislation that the process is rather prescriptive. In reality, it is anything but.’

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Family Law, 13th October 2017

Source: www.familylaw.co.uk

Divorce and children – is shared care a right or responsibility? – Family Law

Posted October 9th, 2017 in children, custody, divorce, families, news, parental responsibility, parental rights by sally

‘‘I know my rights’ – With that statement a family lawyer will naturally turn to s 2A of the Children Act 1989 and the presumption of parental involvement.
‘Parents do not have rights, they have responsibilities’ – Arguably one is now considering the court’s overriding objective and paramount consideration as set out in s 1 of the Children Act 1989 which highlights the welfare of any child.’

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Family Law, 5th October 2017

Source: www.familylaw.co.uk

When is a financial agreement between a separating couple binding? – Family Law

Posted October 9th, 2017 in agreements, appeals, delay, disclosure, divorce, financial provision, news by sally

‘In the case of Briers v Briers [2017] EWCA Civ 15, Mrs Briers (W) issued financial remedy proceedings 11 years after she separated from Mr Briers (H), and eight years after H alleged they had reached a concluded agreement settling their financial affairs. The Court of Appeal found that the parties had not reached a concluded agreement, despite both acting on the agreement including the transfer of assets to one another. W could, therefore, bring further financial claims against H.’

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Family Law, 6th October 2017

Source: www.familylaw.co.uk