Family Law Newsletter – Spire Barristers

‘Family Law Newsletter Issue #65; including articles from around the web, Legislation updates and Case Updates from Care Proceedings and Financial Remedy matters.’

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Spire Barristers, 2nd March 2023

Source: spirebarristers.co.uk

‘Wrong people, time and attitude’: Society’s warning over mediation reforms – Law Society’s Gazette

Posted March 24th, 2023 in children, dispute resolution, divorce, families, family courts, Law Society, news by tracey

‘Compulsory mediation could force the wrong people into a process at the wrong time with the wrong attitude, the Law Society has warned in response to government plans to get more family disputes resolved away from court.’

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Law Society's Gazette, 24th March 2023

Source: www.lawgazette.co.uk

Plans to protect children under under new mediation reforms – Ministry of Justice

‘Thousands of children could be protected from witnessing their parents thrash out family disputes through the courts, following plans to mandate mediation for separating families announced today (23 March 2023).’

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Ministry of Justice, 23rd March 2023

Source: www.gov.uk

Separating parents could be forced to go to mediation under Raab plans – The Guardian

‘Thousands of children in England and Wales could be protected from witnessing their parents pitted against each other in the courts under proposals to legally enforce mediation for separating families.’

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The Guardian, 23rd March 2023

Source: www.theguardian.com

Time is ‘opportune’ for new review of divorce law – Law Society’s Gazette

Posted March 21st, 2023 in divorce, financial provision, Law Commission, news by tracey

‘Family lawyers will have to wait at least another two years to see any potential reforms of “out of date” laws governing financial provision on divorce, the government has revealed. One year after members of the House of Lords were told the government would look at the law governing financial provision “within a matter of weeks” after no-fault divorce reforms came into force last April, they were told a review to be conducted by the Law Commission will be announced shortly.’

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Law Society's Gazette, 20th March 2023

Source: www.lawgazette.co.uk

Judge excoriates “shameless” family case with costs of £5.5m – Legal Futures

‘A family court judge has described a case where the two parties racked up costs of £5.5m as “one of the most shameless pieces of litigation” he has ever seen.’

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Legal Futures, 20th March 2023

Source: www.legalfutures.co.uk

How the courts deal with financial remedies in a short marriage – Family Law Week

‘I recently fought a case where the parties divorced after eighteen months. There is no formal definition of a short marriage, but there are some benchmarks. The median marriage in the UK at the time of divorce was 12.3 years in 2021 for opposite-sex couples while the most common duration of marriage was 8 years. The figures are lower for same-sex couples who have only been able to divorce since 2015. On this basis, my case was likely to qualify as a short marriage.’

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Family Law Week, 13th March 2023

Source: www.familylawweek.co.uk

What does political instability and market volatility mean for separating couples? – Family Law

‘What does political instability and market volatility mean for separating couples?’

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Family Law, 20th January 2023

Source: www.familylaw.co.uk

A mediator’s take on the Nuffield Family Justice Observatory’s latest report – Family Law

Posted January 16th, 2023 in children, dispute resolution, divorce, families, family courts, news by tracey

‘Another month, and the publishing of another detailed academic report considering the experiences of parents and their children who have been through a separation. This particular report, “Separating Families: Experiences of separation and support”, was published by the Nuffield Family Justice Observatory, with research carried out by University of Bristol. When the key findings first landed on my desk, I must say I was keen to delve into the detail having seen that the main focus of the programme of evidence was to increase understanding of private law proceedings in England and Wales, and in particular the types of support that families drew on to manage the process of separation without using the courts.’

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Family Law, 16th January 2023

Source: www.familylaw.co.uk

Speech by the President of the Family Division: When families fall apart, do they fall too easily into court? – Courts & Tribunals Judiciary

Posted November 7th, 2022 in arbitration, children, dispute resolution, divorce, families, family courts, judges, speeches by tracey

‘Speech by the President of the Family Division: When families fall apart, do they fall too easily into court?’

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Courts & Tribunals Judiciary, 31st October 2022

Source: www.judiciary.uk

Separating couples should “try almost anything” before going to court – Legal Futures

Posted November 2nd, 2022 in arbitration, children, dispute resolution, divorce, families, family courts, judges, news by sally

‘Separating couples should “try almost anything” before turning to the courts, the president of the Family Division has said, arguing that there has “got to be a better way” to resolve child disputes in particular.’

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Legal Futures, 2nd November 2022

Source: www.legalfutures.co.uk

Family lawyers and judges “need menopause training” – Legal Futures

‘A large majority of women (76%) who have experienced divorce or separation and the menopause believe family lawyers and judges should have training on the issue so they can “factor it into their cases”.’

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Legal Futures, 21st October 2022

Source: www.legalfutures.co.uk

Family lawyers and judges “need menopause training” – Legal Futures

‘A large majority of women (76%) who have experienced divorce or separation and the menopause believe family lawyers and judges should have training on the issue so they can “factor it into their cases”.’

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Legal Futures, 21st October 2022

Source: www.legalfutures.co.uk

Financial Remedy Update, October 2022 – Family Law Week

‘Stephanie Hawthorn and Abigail Pearse, associates, at Mills & Reeve LLP consider the most important news and case law relating to financial remedies and divorce during September 2022.’

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Family Law Week, 17th October 2022

Source: www.familylawweek.co.uk

Case Preview: Unger and Anor (in substitution for Hasan) v Ul-Hasan (deceased) and Anor – UKSC Blog

‘In this post, Grant Arnold, a paralegal in the litigation team at CMS, previews the decision awaited from the Supreme Court in Unger and Anor (in substitution for Hasan) v Ul-Hasan (deceased) and Anor.’

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UKSC Blog, 17th October 2022

Source: ukscblog.com

Financial Remedy Update, September 2022 – Family Law Week

Posted September 20th, 2022 in bankruptcy, divorce, financial provision, news, pensions by tracey

‘Sue Brookes, Principal Associate at Mills & Reeve LLP consider the most important news and case law relating to financial remedies during August 2022.’

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Family Law Week, 15th September 2022

Source: www.familylawweek.co.uk

Few couples applying for joint divorce, HMCTS figures reveal – Law Society’s Gazette

Posted September 20th, 2022 in divorce, news, statistics by tracey

‘Take-up of a landmark provision designed to remove “unnecessary finger-pointing” from the divorce process remains comparatively low, according to government figures.’

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Law Society's Gazette, 20th September 2022

Source: www.lawgazette.co.uk

How can parents minimise the impact of separation on children with SEND? – 3PB

Posted September 1st, 2022 in chambers articles, children, divorce, news, special educational needs by sally

‘Anthony Collins Solicitors’ associate solicitor Kadie Bennett and 3PB’s specialist family and education law barrister Aimee Fox look at Children Act proceedings and the considerations that parents of a child with SEND may find helpful.’

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3PB, September 2022

Source: www.3pb.co.uk

Financial Remedy Update, August 2022 – Family Law Week

Posted August 26th, 2022 in bills, divorce, families, family courts, financial provision, Law Commission, marriage, news by tracey

‘Nicola Rowling, Professional Support Lawyer, Emily Elvin-Poole, Associate and Caitlin Levins, Trainee Solicitor at Mills & Reeve LLP consider the most important news and case law relating to financial remedies during July 2022.’

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Family Law Week, 23rd August 2022

Source: www.familylawweek.co.uk

Capital Gains Tax: transfers of assets between spouses and civil partners in the process of separating – Family Law

Posted August 19th, 2022 in capital gains tax, civil partnerships, divorce, families, married persons, news by tracey

‘The government has published proposals to change the rules that apply to transfers of assets between spouses and civil partners who are in the process of separating. It provides that they be given up to three years in which to make no gain or no loss transfers of assets between themselves when they cease to live together; and unlimited time if the assets are the subject of a formal divorce agreement.’

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Family Law, 19th August 2022

Source: www.familylaw.co.uk