‘Women who move in with other men after getting divorced are still entitled to a share of their ex-husband’s wealth, the UK’s most senior family judge has ruled.’
Daily Telegraph, 26th May 2016
Source: www.telegraph.co.uk
‘An independent review into the application of Sharia Law in England and Wales has been launched by Home Secretary Theresa May today.’
Home Office, 26th May 2016
Source: www.gov.uk/home-office
‘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 April 2016.’
Family Law Week, 15th May 2016
Source: www.familylawweek.co.uk
‘The issue for many judges is the period over which the standard of living is to be maintained.’
Law Society’s Gazette, 16th May 2016
Source: www.lawgazette.co.uk
‘Stuart Clark, Associate Solicitor at The International Family Law Group LLP, reviews the newly published guide for LiPs dealing with their financial matters after divorce or civil partnership dissolution.’
Family Law Week, 14th April 2016
Source: www.familylawweek.co.uk
‘England and Wales still remains one of the most generous jurisdictions for financially dependent spouses, despite greater judicial appetite for making ex-spouses provide for themselves, research by an international firm reveals.’
Law Society’s Gazette, 13th April 2016
Source: www.lawgazette.co.uk
‘This guide provides information for separating couples who are negotiating their own financial agreements on divorce or dissolution of a civil partnership. It provides a succinct summary of the law to help those who do not have access to legal advice to reach financial agreements without the need to go to court.’
Courts and Tribunals Judiciary, 5th April 2016
Source: www.judiciary.gov.uk
‘A woman who discovered she had married a convicted paedophile during their honeymoon is still trying to divorce him after five years.’
The Independent, 6th April 2016
Source: www.independent.co.uk
‘The parties were married in September 2001 and had one daughter born in October 2002. The husband, a Saudi national, was a businessman of substantial means who married again in 2012 when the parties’ marriage broke down. On their divorce the wife applied for financial relief under Part III of the Matrimonial and Family Proceedings Act 1984. The husband applied to strike out the wife’s application , claiming immunity from suit as the permanent representative of St Lucia to the International Maritime Organisation (“IMO”), a post to which he had been appointed on 1 April 2014. The United Kingdom was required, as a matter of international law, to grant privileges and immunities to personal representatives of member states to the IMO in accordance with the Specialised Agencies Convention and the Headquarters Agreement. A permanent representative was entitled to the same immunity from suit and legal process as the head of a diplomatic mission, except that, by article 15 of the International Maritime Organisation (Immunities and Privileges) Order 2002), a permanent representative who was permanently resident in the United Kingdom was only entitled to immunities and privileges in respect of his official acts. The Foreign Secretary certified that the Foreign Office had been informed by the IMO of the husband’s appointment as permanent representative of St Lucia, of his arrival date and had not been notified that his diplomatic functions had terminated. Although on the face of it that certificate was conclusive evidence of the husband’s appointment by virtue of section 8 of the International Organisations Act 1968, the judge balanced the husband’s claim to immunity against the wife’s rights to access to the courts under article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms. He concluded that the husband had not undertaken any duties or performed any functions as permanent representative, that the appointment was an artificial construct to defeat the wife’s claims on the breakdown of the marriage and that, since the husband was permanently resident in the United Kingdom, he was entitled to immunity only in respect of official acts performed in the exercise of his functions. In consequence the judge refused to strike out the wife’s claim.’
WLR Daily, 22nd March 2016
Source: www.iclr.co.uk
‘Nine out of 10 people who have gone through the family courts, under new rules that heavily restrict access to legal aid, suffer strain in their mental and physical health, working lives and finances, according to a report by Citizens Advice due out this week.’
The Guardian, 26th March 2016
Source: www.guardian.co.uk
‘Phillip Hammond, the foreign secretary, has taken the highly unusual step of criticising a high court judge’s decision to strip diplomatic immunity from a Saudi billionaire facing divorce proceedings from his estranged wife.’
The Guardian, 22nd March 2016
Source: www.guardian.co.uk
‘The Court of Appeal recently decided a discreet argument regarding periodical payments orders in the case of Aburn v Aburn [2016] EWCA Civ 72. So, what are the implications for automatic variations in periodical payments? Practitioners and Judges alike will be familiar with the concept of stepped periodical payments. However, the commonplace order will be for periodical payments to be stepped downwards based upon either particular trigger events (such as children reaching their majority, a payment of a lump sum order) or after a specific period of time during which it is judged that the recipient of the periodical payments can, or ought to, have taken steps to increase their earning capacity. Given the commonplace nature of these orders, it is perhaps understandable that a deputy district judge (DDJ) presiding over the final hearing of the financial remedies application of Mrs Aburn (and then a Circuit Judge hearing the appeal thereafter) thought perhaps an order “stepping up” periodical payments upon a particular trigger event was a clever solution, thereby falling into what we now know was an error of law and an impermissible exercise of his judicial discretion. ‘
Tanfield Chambers, 1st March 2016
Source: www.tanfieldchambers.co.uk
‘This week, the English family courts have sent yet another message in support of families and free choice.’
The Independent, 20th March 2016
Source: www.independent.co.uk
‘Madonna has been granted permission to end the British legal action over the custody of her 15-year-old son, Rocco.’
BBC News, 21st March 2016
Source: www.bbc.co.uk
‘The price of getting divorced will soar by 34% from Monday as the Ministry of Justice raises its fees to pay for the overall cost of administering justice. The increase, from £410 to £550, is unlikely to deter many of those determined to separate, but it has provoked anger among family lawyers who say the amount is far higher than the actual cost of the legal procedure.’
The Guardian, 17th March 2016
Source: www.guardian.co.uk
‘Company boss, Peter Morris, has nothing but his ‘anger’ to show for 25 years of marriage after a series of rulings’
Daily Telegraph, 14th March 2016
Source: www.telegraph.co.uk
‘A businesswoman who left behind her career in order to become a “stay at home mum” while her husband continued with his high-flying career has been awarded virtually all of the family fortune by a divorce judge.’
The Guardian, 14th March 2016
Source: www.guardian.co.uk
‘Britain’s changing demographics will mean a huge shift in demand for legal services, towards managing the wealth and lives of the growing proportion of elderly people in the population, according to a study forecasting legal needs in 2025.’
Legal Futures, 14th March 2016
Source: www.legalfutures.co.uk
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