Divorce and Family Trusts: Three lines of attack and how to shut them down – Family Law

Posted September 26th, 2017 in divorce, news, trusts by sally

‘A spouse looking to make a claim over a family trust has three potential lines of attack. Each one can seriously dent family wealth if there is no planned and detailed defence in place. However, there are a number of practical steps ultra-high net worth (UHNW) individuals and their advisers can take to shut down all three lines of attack – and proactively secure family wealth for future generations.’

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Family Law, 25th September 2017

Source: www.familylaw.co.uk

How much do you ‘need’ on divorce? – Family Law

Posted September 12th, 2017 in divorce, financial provision, news by tracey

‘Nicola Hogg reviews the recent case of FF v KF [2017] EWHC 1093 (Fam), in which the High Court restated the principles to be adopted when assessing capital and income needs after a short marriage.’

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Family Law, 11th September 2017

Source: www.familylaw.co.uk

Finance and Divorce Update September 2017 – Family Law Week

Posted September 7th, 2017 in agreements, appeals, divorce, financial provision, news, Supreme Court by tracey

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

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Family Law Week, 1st September 2017

Source: www.familylawweek.co.uk

Woman refused divorce will tell Supreme Court she should not have to prove ‘unreasonable’ behaviour – Daily Telegraph

Posted August 15th, 2017 in appeals, divorce, news, Supreme Court by sally

‘A woman refused a divorce from her millionaire husband will argue that she should not have to prove “unreasonable” behaviour as she takes her fight to the Supreme Court.’

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Daily Telegraph, 14th August 2017

Source: www.telegraph.co.uk

DIY divorce form could lead to more adultery accusations, lawyers warn – Daily Telegraph

Posted August 14th, 2017 in divorce, documents, family courts, news by sally

‘A new “DIY” divorce form designed to speed up the process could lead to thousands more people being accused of adultery, lawyers warn.’

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Daily Telegraph, 10th August 2017

Source: www.telegraph.co.uk

Woman seeking divorce over ‘loveless marriage’ takes her case to the Supreme Court – The Independent

Posted August 10th, 2017 in appeals, divorce, news, Supreme Court by tracey

‘A woman who was refused permission to divorce her husband is to take her case to the Supreme Court. Tini Owens, 66, has so far failed to persuade judges in the High Court and Court of Appeal to allow her to divorce Hugh Owens, 78, by claiming their 39-year marriage had broken down following an affair she had several years ago.’

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The Independent, 9th August 2017

Source: www.independent.co.uk

Finance and Divorce Update, August 2017 – Family Law Week

‘Naomi Shelton, Associate with Mills & Reeve LLP, analyses the news and case law relating to financial remedies and divorce during July 2017.’

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Family Law Week, 2nd August 2017

Source: www.familylawweek.co.uk

I’m an LGBT rights lawyer, and these are some of the strangest cases I’ve had to fight in court – The Independent

Posted July 26th, 2017 in divorce, equality, homosexuality, marriage, news, surrogacy, transsexuals by sally

‘If you are a same sex married couple you cannot get divorced on the grounds of adultery, because ‘adultery’ in UK law still takes a biblical definition meaning a man and a woman. One of my clients couldn’t divorce her husband because he’d been cheating with a man, so it didn’t count as ‘adultery’. Another ran into serious problems with surrogacy.’

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The Independent, 25th July 2017

Source: www.independent.co.uk

Civil way – New Law Journal

‘Before I embark on this little tale, let me put you straight. So long as they act in good faith, as they always do, judges incur no liability for erroneous decisions. So that’s alright, then. And the Crown has no liability for anything done by any person discharging judicial responsibilities? Not quite, as highlighted by LL v The Lord Chancellor [2017] EWCA Civ 237, [2017] All ER (D) 123 (Apr). If a court orders a person to be arrested or detained in contravention of Art 5 of the European Convention on Human Rights then that person is entitled to damages in a claim against the Crown (ss 7(1) and 9 of the Human Rights Act 1998) and proceedings would have to be brought against the Lord Chancellor (as if he didn’t have enough to worry about already). Detention will be unlawful if the court acted without jurisdiction (which is why judges should take the Green Book with them wherever they go) or where there was a gross and obvious irregularity in the court’s procedure or a flagrant denial of justice.’

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New Law Journal, 7th July 2017

Source: www.newlawjournal.co.uk

Finance and Divorce Update, July 2017 – Family Law Week

Posted July 7th, 2017 in divorce, domestic violence, families, financial provision, news, statistics by tracey

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

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Family Law Week, 6th July 2017

Source: www.familylawweek.co.uk

Post-separation accrual – Law Society’s Gazette

Posted June 20th, 2017 in cohabitation, divorce, financial provision, married persons, news by sally

‘As Nicholas Cusworth QC, sitting as a deputy High Court judge, stated in JB v MB [2015] EWHC 1846 (Fam), where addressing post-separation accrual, he was dealing with a ‘lawless science’ and therefore the outcome he reached ‘may be arbitrary to a degree’.’

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Law Society's Gazette, 19th June 2017

Source: www.lawgazette.co.uk

The ‘diva of divorce’ for the world’s super rich – BBC News

Posted June 20th, 2017 in divorce, law firms, news, solicitors, women by sally

‘If you ever spy your wife or husband in discussion with Ayesha Vardag you might need to panic.’

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BBC News, 19th June 2017

Source: www.bbc.co.uk

Sharp v Sharp: ruling ‘gives couples more to bicker about’ – Law Society’s Gazette

Posted June 15th, 2017 in appeals, costs, divorce, financial provision, news by sally

‘A City trader has successfully challenged a divorce judgment awarding her ex-husband of four years £2.7m – in a decision that family lawyers warn raises more questions than it answers.’

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Law Society's Gazette, 13th June 2017

Source: www.lawgazette.co.uk

Finance and Divorce Update, June 2017 – Family Law Week

Posted June 14th, 2017 in divorce, financial provision, news, trusts by tracey

‘Claire Molyneux of Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during May 2017.’

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Family Law Week, 9th June 2017

Source: www.familylawweek.co.uk

Couple’s brief marriage meant husband should have smaller divorce pay-out in landmark ruling -Daily Telegraph

Posted June 14th, 2017 in divorce, financial provision, news, remuneration by tracey

‘Couples who divorce after only a brief marriage can no longer expect to have their assets split equally by default following an appeal court ruling.’

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Daily Telegraph, 13th June 2017

Source: www.telegraph.co.uk

Finance and Divorce Update, May 2017 – Family Law Week

Posted May 18th, 2017 in adoption, appeals, bills, civil partnerships, divorce, financial provision, news by tracey

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

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Family Law Week, 12th may 2017

Source: www.familylawweek.co.uk

Divorce should be separate from money battles, says top judge – The Guardian

Posted May 18th, 2017 in divorce, financial provision, judges, news by tracey

‘The process of obtaining a divorce should be completely separated from a couple’s disputes over money, according to the most senior family judge in England and Wales. Referring to the government’s “lamentable history of procrastination” in reforming divorce laws, Sir James Munby called for the streamlining of new online divorce procedures.’

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Full text of the latest view from the President’s chambers

The Guardian, 17th May 2017

Source: www.guardian.co.uk

Estranged wife gets £453m in one of biggest UK divorce settlements – The Guardian

Posted May 12th, 2017 in divorce, financial provision, news by sally

‘The former wife of an oil and gas trader has been awarded £453m in one of the largest divorce settlements ever agreed by a UK court. It confirms London’s status as the favoured location to bring divorce claims against super-rich spouses.’

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The Guardian, 11th May 2017

Source: www.guardian.co.uk

Should I proceed in Dubai or UK for divorce? – Family Law Week

Posted April 28th, 2017 in choice of forum, divorce, news by tracey

‘Byron James barrister, Expatriate Law (United Arab Emirates) considers the interaction between UK family law and divorce proceedings in Dubai.’

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Family Law Week, 27th April 2017

Source: www.familylawweek.co.uk

DW and another v CG – WLR Daily

Posted April 27th, 2017 in bankruptcy, divorce, financial provision, matrimonial home, news by sally

DW and another v CG [2016] EWHC 2965 (Fam)

‘On the dissolution of their marriage a husband and wife had resolved their respective financial remedy claims by way of a final consent order made in 2009 (“the 2009 order”), which required the husband to make a significant lump sum payment to the wife in a series of instalments. The order further contained provision entitling the wife to sell a number of properties, held in the husband’s sole name, should the husband default on payment and a right for the wife to continue to reside in one of those properties (“the property”) until payment by the husband of the final lump sum instalment. The husband failed to pay the final instalment and, in 2010, the court made an order for sale of the property with the outstanding interim payment to be provided to the wife from the net proceeds of sale. That order was never implemented and in 2011 bankruptcy proceedings were commenced against the husband. The wife registered a restriction against the property before the husband was made bankrupt in 2012. Following an initial agreed period of inactivity in the family proceedings the husband and his new partner were both discharged from bankruptcy in 2013. In 2014 they both entered into a settlement agreement to purchase any interest their estates in bankruptcy “may” have had in respect of the properties and other assets and, between themselves, entered into a declaration of trust in relation to the property with the apparent effect of frustrating the wife’s claim. The wife recommenced her application for sale of the property and such an order was duly made with the requirement that the net proceeds of sale be paid in to court. The husband was then invited by the court to make representations as to why the wife should not receive the final instalment from the net proceeds of sale. He contended, inter alia, that the terms of the 2009 order had never created an equitable interest in the property in the wife’s favour and consequently there was no basis on which the court could go further and consider whether that interest fell outside of, or how it was effected by, his bankruptcy. The husband and his new partner appealed against the decision that the wife was entitled to receive her outstanding instalment payment from the net proceeds of sale.’

WLR Daily, November 2016

Source: www.iclr.co.uk