Family Law Newsletter #31 – Spire Barristers

‘Articles from around the web, Legislation updates and Case Updates from Care Proceedings and Financial Remedy matters.’

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Spire Barristers, 2nd December 2019

Source: spirebarristers.co.uk

Meeting income needs from capital – Law Society’s Gazette

Posted November 4th, 2019 in divorce, financial provision, news, remuneration by sally

‘Two of the most recent issues which have been considered by the Family Court are as follows:

Whether an earning capacity is a matrimonial asset to which the sharing principle applies; and

In a sharing case, to what extent is it fair that a wife is required to use her share of capital to meet her income needs, whereas the husband will meet his income needs from future income?’

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Law Society's Gazette, 4th November 2019

Source: www.lawgazette.co.uk

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

‘Naomi Shelton, Associate, Mills & Reeve LLP considers the important news and case law relating to financial remedies and divorce during September 2019.’

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Family Law Week, 10th October 2019

Source: www.familylawweek.co.uk

Paternity issues: AB v CD [2019] EWHC 1695 (Fam) – Family Law

‘This case concerns the very difficult situation in which the issue of disputed paternity only comes to light years after the child’s birth, when the child (and the father) have always believed that he is the biological father, but in fact it transpires that this is not the case.’

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Family Law, 10th October 2019

Source: www.familylaw.co.uk

Capitalised maintenance: a court-free solution? – Family Law

‘The court’s unpredictable approach means alternative resolution could be the logical choice, argue Kim Beatson and Victoria Brown.’

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Family Law, 2nd October 2019

Source: www.familylaw.co.uk

Non-disclosing husband fails in challenge to Court of Appeal – Family Law

Posted September 12th, 2019 in disclosure, divorce, financial provision, Judaism, news, periodical payments by tracey

‘A husband who failed to disclose all of his assets has failed in his appeal to set aside an order.’

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Family Law, 10th September 2019

Source: www.familylaw.co.uk

Financial Remedy Update, September 2019 – Family Law Week

‘Rose-Marie Drury, Principal Associate, Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during August 2019.’

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Family Law Week, 6th September 2019

Source: www.familylawweek.co.uk

Moher v Moher: Non-disclosure leads to closure – Family Law week

Posted August 29th, 2019 in disclosure, divorce, financial provision, Judaism, marriage, news by tracey

‘Alexandra Goldrein, a solicitor with Irwin Mitchell, considers a recent Court of Appeal judgment concerning non-disclosure and the award of spousal maintenance to a wife pending the husband’s grant of a Jewish divorce.’

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Family Law week, 28th August 2019

Source: www.familylawweek.co.uk

A lesson from the fellow in Iannello – Family Law

Posted August 16th, 2019 in divorce, financial provision, news, remuneration by tracey

‘Following the Australian decision of Iannello and Iannello (No.3) [2018] FCCA 3752 Sarah Basso and Rachel Roberts look at the approach of England and in respect of orders in matrimonial proceedings directing a party to make a payment of their bonus to their (former) spouse.’

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Family Law, 15th August 2019

Source: www.familylaw.co.uk

The Pension Advisory Group’s final report: reviewing a paradigm shift in pensions practice – Family Law Week

‘Matthew Richardson, barrister of Coram Chambers, offers an introduction and overview of a report set to change the future of financial remedies practice significantly.’

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Family Law Week, 28th July 2019

Source: www.familylawweek.co.uk

Sharing of post-separation earnings: Francis J says ‘I’m not lovin’ it’ – Family Law

Posted July 25th, 2019 in divorce, financial provision, news, periodical payments by tracey

‘Should there have been any doubt remaining, Mr Justice Francis confirmed in O’Dwyer v O’Dwyer [2019] EWHC 1838 (Fam) that post-separation earnings are not a matrimonial asset capable of being shared.’

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Family Law, 23rd July 2019

Source: www.familylaw.co.uk

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

‘Naomi Shelton, Associate, Mills & Reeve LLP considers the important news and case law relating to financial remedies and divorce during May 2019.’

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Family Law Week, 20th June 2019

Source: www.familylawweek.co.uk

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