Private Lives and Public Sorrows – Family Law Week

‘Hazel Wright, Partner with Hunters Solicitors, highlights three cases which have emphasised the usefulness to family lawyers of the Human Rights Act.’

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Family Law Week, 30th April 2019

Source: www.familylawweek.co.uk

Paying for privacy? – Family Law

‘Stuart Clark, partner at The International Family Law Group LLP examines a recent Court of Appeal decision on privacy in family law cases and asks whether in practice anonymity is the preserve of only the very wealthy.’

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Family Law, 16th April 2019

Source: www.familylaw.co.uk

Giving hope to all concierges who date cosmetics heiresses – Transparency Project

‘Giving hope to all concierges who date cosmetics heiresses,* The Times tells us that ‘Concierge who wed Avon heiress wins £1.3 million despite pre-nup deal’.’

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Transparency Project, 11th April 2019

Source: www.transparencyproject.org.uk

Divorce to be wholly online “within months” – Legal Futures

‘Every family law practitioner will have felt the effects of court modernisation in their daily practice within a year, with the remaining parts of the divorce process moving online within months, the president of the Family Division has declared.’

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Legal Futures, 8th April 2019

Source: www.legalfutures.co.uk

Clarification as to the validity of jurisdiction clauses in pre-nuptial agreements (Brack v Brack) – The 36 Group

Posted March 12th, 2019 in financial provision, jurisdiction, news, prenuptial agreements by sally

‘Andrzej Bojarski, barrister in The 36 Group (36Family), discusses the Court of Appeal’s approach in Brack v Brack regarding the validity of jurisdiction clauses in pre-nuptial agreements, and the scope of the court’s discretionary powers when dealing with an application for financial relief in the face of a valid pre-nuptial agreement.’

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The 36 Group, 5th February 2019

Source: 36group.co.uk

Spousal maintenance orders: a meal ticket for life? – Family Law

Posted February 25th, 2019 in appeals, bills, children, cohabitation, divorce, families, financial provision, news, Supreme Court by tracey

‘According to Sara Hunt, a knowledge lawyer at Farrer & co, the recent decision of the Supreme Court in Mills v Mills has highlighted the current debate regarding spousal maintenance in England and Wales. Press headlines have focused on the apparent “meal ticket for life” that such orders are said to provide.’

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Family Law, 25th February 2019

Source: www.familylaw.co.uk

Blog: Divorce and the Muslim community – Family Law

‘Solicitor advocate and law writer David Burrows writes that to define a valid marriage in English law is by no means obvious.’

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Family Law, 7th February 2019

Source: www.familylaw.co.uk

Analysis: Changing financial settlements – Family Law

Posted February 6th, 2019 in consent orders, disclosure, divorce, financial provision, news by tracey

‘According to Stuart Clark and Emma Chowdhury, of the International Family Law Group, the English Family Courts strongly encourage any financial order made upon divorce or civil partnership dissolution to be final, as in not changeable after the event. This applies equally to orders reached by consent as it does to orders imposed by the court following a contested final hearing.’

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Family Law, 6th February 2019

Source: www.familylaw.co.uk

Quan v Bray: Joint lives maintenance orders and deferred capital claims in financial remedy proceeding – Family Law

Posted January 25th, 2019 in financial provision, news, periodical payments, trusts by tracey

‘Antonia Barker, senior associate at Vardags, who acted for the wife in this case, comments on Quan v Bray, which involved long-running financial remedy proceedings in which the court made findings of gross litigation misconduct and that the husband had earning capacity that could be inferred.’

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Family Law, 25th January 2019

Source: www.familylaw.co.uk

The Thwaite Jurisdiction – No Longer the Last Reserve of the Desperate? – Family Law Week

Posted January 21st, 2019 in family courts, financial provision, jurisdiction, news by tracey

‘Joseph Rainer, barrister, Queen Elizabeth Building examines the use of the Thwaite jurisdiction in relation to the court’s power to revisit financial remedy orders by analysing the relevant case law and using some fictitious practical case studies.’

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Family Law Week, 16th January 2019

Source: www.familylawweek.co.uk

Financial Remedy & Divorce Update, January 2019 – Family Law Week

‘Rose-Marie Drury, Senior Associate, and Sue Brookes, Principal Associate, Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during December 2018.’

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Family Law Week, 11th January 2018

Source: www.familylawweek.co.uk

Think of the Children! – Minors and reasonable financial provision – Hardwicke Chambers

Posted December 12th, 2018 in children, financial provision, news, wills by sally

‘On 27 July 2018, the High Court handed down judgment in the case of Ubbi v Ubbi [2018] EWHC 1396 (Ch). The judgment explored reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 in the context of minor children and serves as a necessary reminder to all to update your will.’

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Hardwicke Chambers, 14th November 2018

Source: hardwicke.co.uk

Divorce is not a “blank cheque” for litigation, judge warns – Legal Futures

Posted November 27th, 2018 in costs, divorce, financial provision, indemnities, legal representation, news by tracey

‘Litigation is not a “blank cheque” and divorcing people cannot behave on the basis that they are bound to be reimbursed for their costs, a leading family law judge has warned.’

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Legal Futures, 27th November 2018

Source: www.legalfutures.co.uk

Changes to spousal maintenance to be proposed tomorrow – Family Law

Posted November 23rd, 2018 in bills, divorce, families, financial provision, news, select committees by sally

‘Tomorrow, a Bill brought by Baroness Deech in the House of Lords will reach the committee stage. The Bill seeks to amend the Matrimonial Causes Act 1973 with regard to financial settlements following divorce. The Bill proposes introducing a fixed-term limit for spousal maintenance, among other things. Some family lawyers are warning the Bill’s provisions are unnecessary, arbitrary and risk unfairness.’

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Family Law, 22nd November 2018

Source: www.familylaw.co.uk

Unmarried couples’ entitlements and cohabitation agreements – Family Law

Posted October 31st, 2018 in children, cohabitation, contracts, financial provision, news by sally

‘The number of cohabitating families has increased by almost 30% in the last decade, which has led to a rise in complex legal disputes after a break-up. It is a common misconception that cohabitants possess the same legal rights and obligations as a married couple or a civil partnership. There is no such thing as a “common law” husband or wife in the eyes of the Court and therefore it is important that cohabitants are aware of their rights, according to Danielle Bentley, a solicitor at Herrington & Carmichael LLP.’

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Family Law, 29th October 2018

Source: www.familylaw.co.uk

Divorce & Financial Remedy Update, October 2018 – Family Law Week

‘Naomi Shelton, Associate, Mills & Reeve LLP considers the news and case law relating to financial remedies and divorce during September 2018.’

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Family Law Week, 2nd October 2018

Source: www.familylawweek.co.uk

Divorcing man told: You can’t pay your lawyers without paying your wife’s – Legal Futures

Posted September 18th, 2018 in costs, divorce, financial provision, law firms, news by sally

‘The husband in a divorce dispute cannot pay his lawyers a pound without paying a pound to his wife’s solicitors, the High Court has ruled.’

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Legal Futures, 18th September 2018

Source: www.legalfutures.co.uk

Financial Remedies and Divorce Update, September 2018 – Family Law Week

‘Rose-Marie Drury, Senior Associate, Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during August 2018.’

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Family Law Week, 6th September 2018

Source: www.familylawweek.co.uk

Brexit and international family law: a pragmatic approach to divorce and maintenance – Family Law

Posted September 5th, 2018 in divorce, financial provision, news, treaties by sally

‘On 12 July the Government published its post-Chequers White Paper, The future relationship between the United Kingdom and the European Union, which sets out broad proposals for the future partnership between the UK and the 27 other EU Member States over a wide range of policy areas. This provides an opportune moment to revisit the pressing issue of what the Government should aim to achieve in the area of international family law as we leave the EU.’

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Family Law, 4th September 2018

Source: www.familylaw.co.uk

The variation or revocation of a settlement order under the Children Act 1989 – Family Law

‘In Re C (A Child) (Schedule 1 Children Act Variation) [2018] Lexis Citation 63, [2018] All ER (D) 32 (Aug) the Family Court examined the power of a court to vary or revoke an order for the settlement of property that had already been made. Charlotte Sanders, associate at Stewarts, discusses the outcome of the case.’

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Family Law, 29th August 2018

Source: www.familylaw.co.uk