Financial Remedy: OG v AG [2020] EWFC 52: Value of a business, Covid, Brexit and Beyond – Becket Chambers

‘During these troubled times, when a reliable crystal ball would be helpful, the case of OC v AG [2020] EWFC 52 in which judgement was handed down on the 29th of July 2020, is of interest.’

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Becket Chambers, 2nd October 2020

Source: becket-chambers.co.uk

Elton John and ex-wife Renate Blauel settle legal dispute – The Guardian

Posted October 15th, 2020 in divorce, injunctions, media, news, privacy by tracey

“Sir Elton John and his ex-wife, Renate Blauel, have settled a legal case brought after details of the marriage were featured in the singer’s memoir and biopic.”

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The Guardian, 14th October 2020

Source: www.theguardian.com

High Court upholds order to stop barrister from acting – Legal Futures

‘The High Court has upheld a highly unusual order prohibiting counsel from continuing to act for the father in a bitter child custody dispute because of acrimony between her and the mother.’

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Legal Futures, 14th October 2020

Source: www.legalfutures.co.uk

No fault divorce – why lawyers like me hope new law can end the bitter blame game – Family Law

Posted October 2nd, 2020 in bills, divorce, families, family courts, legal profession, news, solicitors by tracey

‘As a divorce lawyer, it is important to remember that you are the ultimate distress purchase. No-one starts their marriage thinking it will end in divorce. If the sad day does come when a marriage fails, emotions can run high. Parties can be quick to blame each other for the breakdown. They may think that in placing the blame at the door of the other spouse, they may achieve a better financial outcome, or more time with the kids. You may think “so far, so good” for divorce lawyers. Surely they will benefit from a “War of the Roses” style divorce battle with each party playing the blame game? After all, we all know the good Yorkshire saying: “Where there’s muck, there’s brass”.’

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Family Law, 30th September 2020

Source: www.familylaw.co.uk

Costs rules: what you need to know – Family Law

Posted September 18th, 2020 in costs, divorce, families, financial dispute resolution, financial provision, news by tracey

‘“No one enters litigation simply expecting a blank cheque.” Francis J in WG v HG [2018] EWFC 84. But is this the case, or are we experiencing a new wave of litigants chancing their luck at the roulette wheel? Costs in financial remedy proceedings have come increasingly under the spotlight in recent years, most recently highlighted in some interesting and important commentary by Mostyn J, Francis J and Cohen J as to the manner in which litigation is conducted.’

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Family Law, 16th September 2020

Source: www.familylaw.co.uk

Family Law Newsletter – Spire Barristers

‘Issue #35 of Spire Barristers’ Family Law Newsletter: edited by Connie Purdy and Taz Irshad; news and Case Reviews by Georgina Dalton.’

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Spire Barristers, 22nd July 2020

Source: spirebarristers.co.uk

My ex has made an application for a Child Arrangements Order – now what will happen to me and my kids? – Becket Chambers

Posted July 28th, 2020 in child arrangements orders, children, divorce, family courts, news by sally

‘Many parents find it difficult to agree on the arrangements for their children after separating. This can be an extremely stressful and upsetting situation for everyone concerned. The priority should be to shield the children from arguments wherever possible but what should you do when you receive an application for a Child Arrangements Order and what does that mean for your children?’

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Becket Chambers, 22nd July 2020

Source: becket-chambers.co.uk

Treatment of pensions on divorce – Law Society’s Gazette

‘In July 2019, the Pensions Advisory Group (PAG) published its essential guide to the treatment of pensions on divorce. The report is available on the Nuffield Foundation website. The impact of the report can be seen in the weight attached to it in three recent decisions concerning the treatment of pensions on divorce.’

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Law Society's Gazette, 20th July 2020

Source: www.lawgazette.co.uk

Financial Remedy Update, July 2020 – Family Law Week

Posted July 14th, 2020 in chambers articles, divorce, financial provision, news by tracey

‘Sue Brookes Principal Associate, Family Lawyer, Collaborative Lawyer and Mediator for Mills & Reeve LLP considers the important news and case law relating to financial remedies and divorce during July 2020.’

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Family Law Week, 13th July 2020

Source: www.familylawweek.co.uk

Supreme Court hands down judgment in Villiers v Villiers – Parklane Plowden Chambers

‘Charles and Emma Villiers married in 1994. They moved to Scotland the following year and lived there throughout their married life. The couple separated in 2012, when the wife and the parties’ daughter left the former matrimonial home and moved to England, where the wife continues to reside. Mrs Villiers issued a divorce petition in July 2013 on the basis of her habitual residence for 12 months preceding the presentation of the petition.’

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Parklane Plowden Chambers, 1st July 2020

Source: www.parklaneplowden.co.uk

Negligence claim over divorce assets ruled to be time-barred – Law Society’s Gazette

Posted July 10th, 2020 in appeals, damages, divorce, law firms, negligence, news, time limits by sally

‘The Court of Appeal has upheld a law firm’s case that a £125,000 professional negligence claim against a firm for its handling of a divorce was issued too late. In Holt v Holley & Steer Solicitors (a firm), judges held that any alleged cause of action happened in the lead-up to divorce proceedings being finalised, and this was the starting point for the six-year limitation period.’

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Law Society's Gazette, 8th July 2020

Source: www.lawgazette.co.uk

Villiers v Villiers – Blackstone Chambers

‘This appeal concerned the jurisdiction of an English court to make a maintenance order in favour of the wife (“W”) pursuant to s.27 of the Matrimonial Causes Act 1973 (“MCA”) in circumstances where the parties lived for most of their marriage in Scotland and the divorce proceedings issued by the husband (“H”) were conducted in Scotland.’

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Blackstone Chambers, 1st July 2020

Source: www.blackstonechambers.com

Is COVID-19 a Barder Event? Considering the enforceability of financial settlements in light of COVID-19 – Thomas More Chambers

‘The potential short and longer-term consequences of the COVID-19 crisis upon the global and national economy are now well-known. Financial remedy practitioners have been anticipating a number of queries from clients potentially seeking to make an application to set aside their concluded financial settlements, because of the effect current events have had or may have upon their finances. Questions therefore arise about whether or not the effects of COVID-19 are capable of being treated as a Barder Event by the family courts, and thus to act as a basis to revisit final financial remedy orders.’

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Thomas More Chambers, 6th July 2020

Source: www.thomasmore.co.uk

Appeal judges reject divorcee’s negligence claim – Legal Futures

Posted July 8th, 2020 in appeals, damages, divorce, families, fees, law firms, negligence, news, solicitors, time limits by sally

‘The Court of Appeal has upheld a ruling that a negligence claim brought by a woman against her law firm over its work on her divorce was out of time.’

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Legal Futures, 8th July 2020

Source: www.legalfutures.co.uk

Divorce ruling gives ‘untrammelled licence’ to go forum shopping – Law Society’s Gazette

Posted July 2nd, 2020 in choice of forum, divorce, news, Scotland, Supreme Court by tracey

‘A Scottish aristocrat has lost a Supreme Court appeal regarding the finances of his divorce in a ruling that will reignite debate on forum shopping.’

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Law Society's Gazette, 1st July 2020

Source: www.lawgazette.co.uk

New Acts – legislation.gov.uk

Posted June 30th, 2020 in divorce, insolvency, legislation, sport by tracey

Divorce, Dissolution and Separation Act 2020

Birmingham Commonwealth Games Act 2020

Corporate Insolvency and Governance Act 2020

Source: www.legislation.gov.uk

Divorce bill reaches final stretch of parliamentary marathon – Law Society’s Gazette

Posted June 18th, 2020 in bills, divorce, news, parliament by sally

‘Proposed legislation removing fault from the divorce process could be days from receiving Royal assent as it goes through the remaining stages of its parliamentary journey today [17 June].’

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Law Society's Gazette, 17th June 2020

Source: www.lawgazette.co.uk

Pensions in Needs-Based Financial Remedy Proceedings – Becket Chambers

‘The issue of pensions in financial remedy proceedings is a complex area and has been subject to much change over the years. As many of you will be aware, the Pension Advisory Group (“PAG”) published a comprehensive report, “A Guide to the Treatment of Pensions on Divorce” in July 2019. It was a much-welcomed publication that provided definitive guidance on the approach to pensions in financial remedy proceedings.’

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Becket Chamber, 11th June 2020

Source: becket-chambers.co.uk

‘No-fault’ divorce bill backed by MPs – BBC News

Posted June 9th, 2020 in bills, divorce, news by sally

‘A bill introducing “no-fault” divorces in England and Wales has been backed by MPs.’

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BBC News, 8th June 2020

Source: www.bbc.co.uk

Parenting Plans & Child Arrangements Orders: Maria Scotland & Gemma Lindfield – 5SAH

‘When the family breaks down and there are children, whether the parents are married or not, the parents are advised to try to reach an agreement on where the children will live: whether they will live with one parent and spend time with the other parent or else share their time between their separated parents’ homes. Older children are often able to make decisions for themselves or make arrangements to go between homes themselves once their parents live apart – so called “voting with their feet”. Younger children and babies cannot and they need their parents to make arrangements in their best interests for them. These parents are advised to try and reach an agreement in writing, called a “parenting plan”.’

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5SAH, 28th May 2020

Source: www.5sah.co.uk