Finance and Divorce Update August 2016 – Family Law Week

Posted August 19th, 2016 in children, cohabitation, divorce, financial provision, marriage, news, paternity by sally

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP, analyse the news and case law relating to financial remedies and divorce during July 2016.’

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Family Law Week, 7th August 2016

Source: www.familylawweek.co.uk

Trans women are being forced to get divorced just to claim their pension – The Independent

‘Where an individual is recognised by the state in her passport and driving licence as a woman, why should she be required to end her marriage just to claim the pension that is rightfully hers?’

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The Independent, 11th August 2016

Source: www.independent.co.uk

Divorced helicopter pilot who refuses to leave the marital home could be jailed – Daily Telegraph

‘A helicopter pilot who barricaded himself in the home he lost in his £6m divorce will be jailed if he does not get out of the property by next week.’

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Daily Telegraph, 27th July 2016

Source: www.telegraph.co.uk

Needs Must! Family Justice Council provides guidance for financial orders in ‘needs’ cases – Tanfield Chambers

Posted July 26th, 2016 in choice of forum, divorce, financial provision, Law Commission, news by sally

‘The law relating to financial orders is inherently unclear. It is not possible to discern from the statute what the law requires, although the courts and family lawyers administer the law with confidence’.

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Tanfield Chambers. 18th July 2016

Source: www.tanfieldchambers.co.uk

iPhone evidence ‘could be more effective than court hearing’ – Law Society’s Gazette

‘Resolving neighbour disputes using iPhone evidence and a video hearing might be more effective than the parties travelling several miles to court, a senior government official has said, outlining significant developments to modernise the justice system.’

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Law Society’s Gazette, 21st July 2016

Source: www.lawgazette.co.uk

Rich wives being told to get a job as judges clamp down on ‘meal ticket’ divorces – Daily Telegraph

Posted July 21st, 2016 in appeals, divorce, employment, financial provision, news, time limits, women by sally

‘Rich wives are increasing being told to go out and get a job rather than rely on maintenance from their ex-husband as judges lead what amounts to a clampdown on “meal ticket” divorces, according to lawyers.’

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Daily Telegraph, 20th July 2016

Source: www.telegraph.co.uk

Finance & Divorce Update, July 2016 – Family Law week

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP, analyse the news and case law relating to financial remedies and divorce during June 2016.’

Full story

Family Law Week, 15th July 2016

Source: www.familylawweek.co.uk

Divorced husband allowed to challenge will – Legal Futures

Posted July 13th, 2016 in divorce, news, probate, wills by sally

‘A divorced husband has been given permission to challenge the validity of his ex mother-in-law’s will.’

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Legal Futures, 12th July 2016

Source: www.legalfutures.co.uk

Ordering the would-be undertaker: the equitable reach of the Family Court – Family Law Week

‘Norma Cronin, solicitor at Hughes Fowler Carruthers and Mark Ablett, Senior Paralegal at Hughes Fowler Carruthers and soon to be pupil barrister at 1 Garden Court Family Law Chambers consider the troublesome issue of enforcement of undertakings in financial remedies cases.’

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Family Law Week, 8th July 2016

Source: www.familylawweek.co.uk

No Nisi, No Dice – Tanfield Chambers

Posted July 12th, 2016 in appeals, costs, divorce, litigants in person, news by sally

‘In K v K (Financial Remedy Final Order prior to Decree Nisi) 2016 EWFC 23, Cobb J remitted a case for rehearing on the basis that the trial judge had made an order prior to the grant of decree nisi of divorce. The case provides a salutary warning for lawyers about the limits of the Family Court’s powers to correct what was an innocent and – at first glance – merely procedural mistake.’

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Tanfield Chambers, 22nd June 2016

Source: www.tanfieldchambers.co.uk

Inside a Sharia council divorce hearing – BBC News

Posted July 11th, 2016 in divorce, islamic law, news by sally

‘”Yasmeenah” is seeking an Islamic divorce from her husband and has turned to a Sharia council in the hope one will be granted by Islamic scholars.

This council at Birmingham Central Mosque is one of an estimated 30 established councils across the UK, often referred to as Sharia “courts”.

The BBC has been given rare access.’

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BBC News, 11th July 2016

Source: www.bbc.co.uk

Ex-model wins ‘record’ £53m cash settlement in divorce battle – The Guardian

‘A former model has been awarded a £53m cash settlement in a high court divorce battle with her Saudi billionaire ex-husband.’

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The Guardian, 8th July 2016

Source: www.guardian.co.uk

Re D (A Child): a decision of its time? – Family Law Week

Posted July 1st, 2016 in children, custody, divorce, EC law, enforcement, jurisdiction, news, Supreme Court by sally

‘Katy Chokowry and Nicholas Anderson, barristers of 1 King’s Bench Walk, explain the rationale of the Supreme Court’s judgment in Re D (A Child) and consider the lessons that survive form the Court of Appeal’s judgment.’

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Family Law Week, 30th June 2016

Source: www.familylawweek.co.uk

Divorce settlements open to challenge as lawyers ‘unaware of stamp duty change’ – Daily Telegraph

Posted June 30th, 2016 in appeals, divorce, financial provision, housing, matrimonial home, news, stamp duty by sally

‘Thousands of divorce settlements could be left open to appeal because the Government’s new stamp duty surcharge is leaving estranged partners unable to buy their own home following a split.’

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Daily Telegraph, 30th June 2016

Source: www.telegraph.co.uk

Employment tribunal fees ‘will deny workers justice’ – The Independent

‘Workers unfairly dismissed by their employers are being denied access to justice because of new Government court fees, a cross party committee of MPs has warned. Since the new employment tribunal fees were introduced in 2013 there has been a “precipitate drop” of almost 70 per cent in the number of cases being brought, the Commons Justice committee said. It can now cost as much as £1,200 simply to bring a claim.’

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The Independent, 20th June 2016

Source: www.independent.co.uk

Finance & Divorce Update June 2016 – Family Law Week

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP, analyse the news and case law relating to financial remedies and divorce during May 2016.’

Full story

Family Law Week, 3rd June 2016

Source: www.familylawweek.co.uk

Conduct versus Needs – Park Square Barristers

Posted June 2nd, 2016 in divorce, matrimonial home, news, sexual offences by sally

‘Not long ago I was involved in financial relief proceedings involving a couple both of whom were on their second marriage (of some 12 years duration). The wife had children in their twenties from a previous marriage. As usual, the most substantial asset was the Former Matrimonial Home, with a notional net equity of nearly £400,000. This had been purchased with funds mainly, but not quite exclusively, provided by the husband who was retired. Neither party had a high income.’

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Park Square Barristers, 26th May 2016

Source: www.parksquarebarristers.co.uk

A Dead Parrot Or A Sleeping Beauty? – The 36 Group

Posted June 2nd, 2016 in advocacy, compensation, divorce, financial provision, news by sally

‘Baroness Hale was primarily responsible for the introduction of compensation (SRJ v DWJ [1999] 2 FLR 176). She is a fine lawyer and judge, but she was only briefly an advocate. I am no judge at all with a degree in English, but I have argued a lot of cases. Whilst doing so I have appeared against some outstanding advocates such as Lord Wilson, the late Mrs Justice Baron, Mr Justice Mostyn and Mr Martin Pointer QC. As advocates they looked and in the case of Martin, look to persuade the court. I believe that in presenting a wife’s arguments they would all have rejected submitting that she should be compensated for gender related disadvantage. They would have done so for various reasons. Compensation is a dangerous word as it has its most natural and best established use in the law of tort. It is also manifestly insensitive. Any husband who has maintained his wife and children for, say fifteen years will be hurt and annoyed by the proposition that he should compensate his wife for the experience. He may, or may not be placated by the subsequent reference to gender related disadvantage. At least that shows compensation is a systemic concept, rather than directed at him personally. But fully expressed the words display the origin of the concept in a feminist approach to divorce. The advocate would know that some tribunals would reject the socio-legal concept; if only because another feminist analysis would give primacy to the wife’s autonomous ability to look after.’

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The 36 Group, 18th May 2016

Source: www.36group.co.uk

The divorce app that lets you break up without breaking the bank – The Guardian

Posted June 2nd, 2016 in arbitration, computer programs, costs, divorce, news by sally

‘Divorce can be a costly legal battleground as well as an emotional ordeal. But a new app, amicable, could provide a better way.’

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The Guardian, 2nd June 2016

Source: www.guardian.co.uk

Man allowed to challenge former mother-in-law’s will – Law Society’s Gazette

Posted May 31st, 2016 in appeals, divorce, interest, news, wills by sally

‘The Court of Appeal has granted a divorced husband permission to challenge the validity of his former mother-in-law’s will which left him nothing from her estate.’

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Law Society’s Gazette, 27th May 2016

Source: www.lawgazette.co.uk