Man, 41, loses ‘unprecedented’ legal bid for parents’ financial support – BBC News

Posted October 1st, 2020 in disabled persons, families, financial provision, mental health, news by sally

‘A 41-year-old man has failed in a legal bid to force his wealthy parents to continue financially supporting him.’

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BBC News, 30th September 2020

Source: www.bbc.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

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

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

Beware of issuing ‘hopeless’ Inheritance claims in expectation of settlement – St Ives Chambers

‘Ever since the well-known case of Ilott v The Blue Cross and others [2017] where an adult child was awarded £50,000 from her mother’s estate (notwithstanding their estrangement), practitioners are regularly approached by adult children in order to claim from an estranged relative’s inheritance. There is often reference to a “10% rule” based on what was awarded in Ilott.’

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St Ives Chambers, 3rd July 2020

Source: www.stiveschambers.co.uk

Consultation on improving the procedure for the enforcement of family financial orders – Family Law

Posted July 2nd, 2020 in consultations, enforcement, family courts, financial provision, news by tracey

‘The Family Procedure Rule Committee (FPRC) has announced a stakeholder consultation on making the general enforcement application procedure (for the enforcement of family financial orders) more effective. The consultation follows the Law Commission’s report in December 2016 on the enforcement of family financial orders.’

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Family Law, 1st July 2020

Source: www.familylaw.co.uk

Child maintenance: Mothers take legal action against DWP – BBC News

Posted June 25th, 2020 in children, financial provision, judicial review, news by sally

‘Four single mothers have told the government they are seeking a judicial review into unpaid child maintenance.’

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BBC News, 24th June 2020

Source: www.bbc.com

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

Financial Provision for Adult Children in England and Wales and in Italy – Pump Court Chambers

‘This article considers a recently-handed down case making financial provision for children where one was over the age of 18 at the time of making the application and another child was over 18 at the time of judgment and compares the position with that in Italy, where provision for children can include adult children as a matter of course.’

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Pump Court Chambers, 11th May 2020

Source: www.pumpcourtchambers.com

W v H (Divorce Financial Remedies) [2020] EWFC B10 – Pump Court Chambers

Posted May 7th, 2020 in coronavirus, divorce, financial provision, news, pensions by sally

‘Jack Rundall considers the case of W v H (divorce financial remedies) [2020] EWFC B10 in relation to the treatment of pensions on divorce, a case which he suggests is being under-reported amongst the concerns surrounding Covid 19.’

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Pump Court Chambers, 1st May 2020

Source: www.pumpcourtchambers.com

Divorce bill must not overlook pensions – Society – Law Society’s Gazette

‘The Law Society has called for long-awaited legislation reforming divorce to be amended to ensure ex-spouses are not left financially vulnerable as a result of pension orders.’

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Law Society's Gazette, 17th March 2020

Source: www.lawgazette.co.uk

Islamic Nikah ceremony and marriage validity – Family Law

Posted March 13th, 2020 in appeals, divorce, families, financial provision, Islam, islamic law, marriage, news by tracey

‘The case of Khan v Akhter has now been decided by the Court of Appeal. It received a huge amount of coverage in the legal press and beyond. In simple terms, the court has ruled that a couple who went through a religious-only wedding ceremony in the UK are neither validly married nor parties to a void marriage, overturning an earlier decision of the High Court.’

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Family Law, 12th March 2020

Source: www.familylaw.co.uk

Wife in one of Britain’s largest-ever divorce cases succeeds in latest enforcement action against her former husband – Family Law

‘In this article, we look at the recent decision in the ongoing and highly publicised divorce case of Akhmedova v Akhmedov. This decision is the latest in a long run of enforcement cases brought by the wife against her former husband, who, in 2016, was ordered to pay her one of the largest reported financial settlements in England. While the judge was critical of the husband’s reorganisation of his assets to put and keep them beyond the wife’s reach, this is not the end of the road for this case. This judgment is simply another stepping-stone towards the wife realising the award she is entitled to.’

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Family Law, 11th March 2020

Source: www.familylaw.co.uk

Financial Remedy Update March 2020 – Family Law Week

Posted March 10th, 2020 in divorce, financial provision, news by tracey

‘Sue Brookes, Principal Associate, Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during February 2019.’

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Family Law Week, 9th March 2020

Source: www.familylawweek.co.uk

Court of Appeal clarifies the law on marriage formalities (Akhter v Khan) – Family Law

Posted March 5th, 2020 in divorce, financial provision, Islam, marriage, news by tracey

‘Family analysis: Siddique Patel, solicitor at Shoosmiths, discusses the decision of the Court of Appeal overturning that of Williams J when he ruled that an Islamic Nikah ceremony could be classed as a void marriage giving rise to financial remedies.’

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Family Law, 5th March 2020

Source: www.familylaw.co.uk

When the end is not the end…. Until clean break us do part – 5 SAH

Posted March 4th, 2020 in chambers articles, children, divorce, families, financial provision, news by sally

‘There are commonly two forms of maintenance obligations in a financial order – maintenance for the Wife (so called “periodical payments” or “pps”) and payments for the benefit of a child/ children. The order will prescribe the date for the first payment, the rates of pps and the date for termination of those pps. Termination of pps are commonly the first to occur of:

– the death of either party
– the receiving party’s remarriage
– the youngest child completing secondary education or attaining 18 years of age, whichever is the later or
– Further order of the court.’

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5 SAH, 26th February 2020

Source: www.5sah.co.uk

Solicitor wife compensated on divorce for career loss – Legal Futures

‘A solicitor who sacrificed possible partnership at a magic circle law firm to have children has been awarded an extra £400,000 in her divorce settlement with an equity partner at the same firm.’

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Legal Futures, 3rd March 2020

Source: www.legalfutures.co.uk

The treatment of future earnings – Family Law

Posted February 27th, 2020 in divorce, financial provision, news, remuneration by tracey

‘We are approaching 20 years since the seminal House of Lords decision in White v White [2000] UKHL 54, yet the judicial debate as to how to implement the principle it established, that there should be no discrimination between breadwinner and homemaker in financial arrangements on divorce, remains alive.’

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Family Law, 26th February 2020

Source: www.familylaw.co.uk