How can parents prioritise children during their separation? – Family Law Week

Posted January 13th, 2022 in children, divorce, families, mental health, news by tracey

‘Swati Somaiya, partner and specialist family, collaborative and mediation lawyer at Excello Law, welcomes publication of Resolution’s Parenting through Separation and extols its wisdom for parents and lawyers alike.’

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Family Law Week, 12th January 2022

Source: www.familylawweek.co.uk

Funder refused permission to use privileged material in ‘fraud’ claim – Legal Futures

‘The High Court has refused a litigation funder’s bid to use privileged material to overturn a divorce settlement which it says deliberately provides no assets for the wife to pay the £1m she owes it.’

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Legal Futures, 4th January 2022

Source: www.legalfutures.co.uk

Acting for both sides “may become the norm” in divorce work – Legal Futures

‘A future where lawyers act for both sides of divorces as a matter of course and others exit regulation to offer a new kind of service has been sketched out by Resolution.’

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Legal Futures, 23rd November 2021

Source: www.legalfutures.co.uk

Divorce can feel like a death, but what happens if the person you are divorcing actually passes away? – Family Law

Posted November 15th, 2021 in bereavement, divorce, families, family courts, financial dispute resolution, news by tracey

‘It is often said that going through a divorce is similar to suffering a bereavement. However, what happens if the person you are divorcing actually dies midway through that process?’

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Family Law, 12th November 2021

Source: www.familylaw.co.uk

When Civil met Family: how to deal with TOLATA claims in Financial Provision cases – Becket Chambers

Posted November 2nd, 2021 in divorce, family courts, financial provision, joinder, news, third parties by sally

‘The Family Court is seeing an increasing number of cases where property is (or is asserted to be) owned by a third party. As more parents assist children with purchasing a home or friends buy with friends, it is ever more likely that a financial provision case will involve consideration of who owns what. Here are some tips on how to approach such a case.’

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Becket Chambers, 19th October 2021

Source: becket-chambers.co.uk

E v L [2021] EWFC 60 (Fam): Short Marriages, Section 25 Criteria and White Leopards Reconsidered – Becket Chambers

Posted November 2nd, 2021 in divorce, financial provision, matrimonial home, news, valuation by sally

‘The purpose of this article, is to consider the application of the section 25 criteria and in particular the issue of company valuation in the case of E v L [2021] EWFC 60, as decided by Mostyn J.’

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Becket Chambers, 29th October 2021

Source: becket-chambers.co.uk

Lawyers the only winners in “nihilistic” divorce dispute, says judge – Legal Futures

Posted October 29th, 2021 in costs, divorce, families, fees, judges, news, solicitors by tracey

‘The lawyers are the only beneficiaries of a “nihilistic” divorce dispute that has cost £2.3m in legal fees, with the couple’s children the main losers, a High Court judge has ruled.’

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Legal Futures, 29th October 2021

Source: www.legalfutures.co.uk

Language Matters: time to reframe our national vocabulary for family breakdown – Family Law

Posted October 15th, 2021 in children, divorce, families, family courts, news by tracey

‘As a society we have made huge progress, for example, in removing gender-biased and racist language from everyday speech. We do this because we recognise that using biased language can reinforce biased thinking. But there remain areas in which the power of language to influence thought and behaviour has not yet been properly appreciated. This article concerns the use of the language of aggression and conflict in the context of family breakdown and argues that it is time for change.’

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Family Law, 14th October 2021

Source: www.familylaw.co.uk

High Court rules out 28 identical divorce petitions – Law & Religion UK

Posted October 14th, 2021 in divorce, drafting, evidence, news by sally

‘On 10 September 2021, Mr Justice Moor handed down the judgment Yorston & Ors, Re (Matrimonial Causes Act 1973: Improper Petitions) [2021] EWFC 80 concerning 28 petitions to the High Court. In each case, the allegations of unreasonable behaviour were absolutely identical.’

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Law & Religion UK, 13th October 2021

Source: lawandreligionuk.com

Speech by the President of the Family Division: Supporting Families in Conflict – There is a better way – Courts & Tribunals Judiciary

‘An Address by Sir Andrew McFarlane to the Jersey International Family Law Conference 2021.’

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Courts & Tribunals Judiciary, 11th October 2021

Source: www.judiciary.uk

Financial Remedy Update, October 2021 – Family Law Week

‘Stephanie Hawthorn, associate, and Robert Jackson, trainee solicitor, at Mills & Reeve LLP, consider the important news and case law relating to financial remedies and divorce during September 2021.’

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Family Law Week, 8th October 2021

Source: www.familylawweek.co.uk

Court dismisses 28 separate divorce petitions with identical wording – Law Society’s Gazette

Posted October 13th, 2021 in divorce, families, family courts, news by tracey

‘A family court judge has dismissed 28 divorce petitions from the same company after a finding that particulars of behaviour were “absolutely identical” to each other.

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Law Society's Gazette, 12th October 2021

Source: www.lawgazette.co.uk

The online divorce and financial remedy service: How far have we come? And how far can we go? – Family Law

‘From 13 September 2021 it will be mandatory for any divorce petition being issued by a solicitor in England and Wales to be issued via the HMCTS online portal. Paper applications will no longer be permitted. The HMCTS online divorce and financial remedy portal has come a long way since its launch in May 2018 and this is yet another important development for the provision of digital solutions in divorce and financial remedy case.’

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Family Law, 17th September 2021

Source: www.familylaw.co.uk

The Importance of Obtaining a Recognised Jewish Get when Jewish Couples Divorce and what more is being done to protect ‘chained’ wives – Family Law

Posted September 13th, 2021 in divorce, families, Judaism, news by tracey

‘Partner Lucy Greenwood & trainee Solicitor Feriha Tayfur update their review of Jewish divorces (“Get”) and potential solutions to family law practitioners and clients who need to ensure that a Jewish client obtains both a civil and religious divorce.’

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Family Law, 9th September 2021

Source: www.familylaw.co.uk

Financial Remedy Update, September 2021 – Family Law Week

‘Rose-Marie Drury, Principal Associate at Mills and Reeve, consider the important news and case law relating to financial remedies and divorce during August 2021.’

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Family Law Week, 9th September 2021

Source: www.familylawweek.co.uk

Parental alienation in practice – Transparency Project

Posted September 9th, 2021 in child arrangements orders, children, contact orders, divorce, news by sally

‘It is not uncommon to hear the phrase “parental alienation” in family courts in England and Wales. It is a term used to describe all manner of sins, ranging from minor parenting disputes to broad, unmitigated emotional and psychological harm to children. There has been much, and continues to be much, use of the phrase in discussions around the various issues facing the family courts and the appropriateness of the judicial remedies available to counteract it.’

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Transparency Project, 7th September 2021

Source: www.transparencyproject.org.uk

Short Marriages … “A marriage is a marriage”? – Family Law

Posted September 6th, 2021 in appeals, children, divorce, families, financial dispute resolution, marriage, news by tracey

‘The recent case of E v L has once again brought to the fore short marriages and their treatment within financial remedy cases.’

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Family Law, 3rd September 2021

Source: www.familylaw.co.uk

A de-facto problem – Family Law

‘Should cohabiting couples be permitted to bring more comprehensive financial applications to court upon separation? This longstanding discussion amongst family lawyers in England continues and will continue afresh in the wake of the recent House of Commons Briefing Paper “Common law marriage” and Cohabitation published on 4 May 2021.’

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Family Law, 31st August 2021

Source: www.familylaw.co.uk

E v L [2021] EWFC 60 (Fam) – Short, childless marriages, the sharing principle and absence of white leopards – Becket Chambers

‘The parties became engaged in 2016 married in 2017 and separated in 2019. The parties disagreed over the date of cohabitation, the wife saying 2016 and the husband denying there was any cohabitation before marriage.’

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Becket Chambers, 13th August 2021

Source: becket-chambers.co.uk

Division of assets in a short childless marriage (E v L) – 1 GC: Family Law

‘In E v L, Mr Justice Mostyn considered an application for financial remedies following a short marriage. He concluded the fact that the marriage was childless was irrelevant to whether there should be a departure from the application of the equal sharing principle. Moreover, there was no reason to distinguish between an accrual (of assets) over a short marriage and an accrual over a longer marriage. The statutory factor of the duration of marriage was likely to be reflected in any event in that an acquest over a shorter period was likely to be less. Mostyn J also considered the approach to valuing businesses in this case where three accountants gave “hot-tub” evidence as to the value of one of the husband’s companies.’

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1 GC: Family Law, 10th August 2021

Source: 1gc.com