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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

Family Law, 29th August 2018

Source: www.familylaw.co.uk

Funding Freshers – who pays for an older child’s university tuition fees on divorce? – Family Law

‘This month thousands of people up and down the country found out whether they had done enough to get into their university of choice. After a long, hard slog involving many sacrificed weekends and evenings, Freshers’ Week will no doubt provide some much needed light relief before it’s time to do it all over again over the next three to four years.’

Full Story

Family Law, 28th August 2018

Source: www.familylaw.co.uk

Reforms to improve enforcement of family financial orders fall short – OUT-LAW.com

Posted August 22nd, 2018 in debts, divorce, enforcement, financial provision, Law Commission, news by sally

‘Plans to make it easier for divorcees to enforce financial orders of the courts in England and Wales do not go far enough to address the challenges those divorcees face in obtaining access to offshore assets of high net worth individuals.’

Full Story

OUT-LAW.com, 20th August 2018

Source: www.out-law.com

Government agrees to improve financial order enforcement – Family Law

Posted August 21st, 2018 in debts, divorce, enforcement, financial provision, Law Commission, news by sally

‘The Law Commission has announced that the Government has agreed to help improve financial orders enforcement following its report published in 2016. The Government has committed to bringing forward non-legislative measures in order to reform and improve the enforcement system, as well as taking time to consider further reform in the future.’

Full Story

Family Law, 17th August 2018

Source: www.familylaw.co.uk

Divorce and Financial Remedy Update, August 2018 – Family Law Week

Posted August 9th, 2018 in bills, divorce, family courts, financial provision, news, periodical payments by tracey

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

Full Story

Family Law Week, 8th August 2018

Source: www.familylawweek.co.uk

Mills v Mills Spousal Maintenance – A Meal Ticket for Life? – No. 5 Chambers

Posted August 7th, 2018 in divorce, financial provision, news, periodical payments, Supreme Court by sally

‘On the 18th July, 2018, the Supreme Court determined that the Court of Appeal erred in increasing Ms Mills’ (hereafter ‘W’) periodical payments from £13,200 to £17,292 – the increase of £4,092 being the deficit in W’s ‘Needs Budget’ prepared for the substantive application to vary her periodical payments upwards; her ‘needs’ including her costs of renting a property when capital provision had been settled to meet her housing need.’

Full Story

No. 5 Chambers, 24th August 2018

Source: www.no5.com

English law applies to Islamic marriage, judge rules in divorce case – The Guardian

Posted August 2nd, 2018 in divorce, financial provision, Islam, islamic law, marriage, news by tracey

‘A high court judge has decided that a couple’s Islamic marriage falls within the scope of English matrimonial law, in a ruling that could have implications for thousands of Muslims in the UK.’

Full Story

The Guardian, 1st August 2018

Source: www.theguardian.com

Financial consent orders can now be filed online – Family Law

‘On Monday 6 August 2018 the family courts will take another step towards becoming digital. From that date applications for consent orders in family court financial proceedings can be filed online rather than delivery to a physical court office. For many law firms increasingly geared towards the digital rather than the paper, this is yet further welcome progress.’

Full Story

Family Law, 30th July 2018

Source: www.familylaw.co.uk

The rise of private FDRs – Family Law

Posted July 31st, 2018 in arbitration, dispute resolution, families, financial provision, judges, news by sally

‘In his last interview for the Family Law Bar Association’s Family Affairs magazine, Sir James Munby ruminated that ‘I should have liked to do more on the money front’. In the same interview, when pondering his next steps, he makes clear, ‘I’m not – and I tempt the fates by saying this – I am not going off to become a private family mediator. I am not going to do private FDRs’.’

Full Story

Family Law, 30th July 2018

Source: www.familylaw.co.uk

Woman awarded £100k after husband’s death mid-divorce – BBC News

Posted July 20th, 2018 in damages, divorce, financial provision, news, road traffic offences by tracey

‘A woman whose husband was killed in the midst of the pair’s divorce has been awarded more than £100,000 in damages. Cathryn Craven brought a £676,985 claim against driver Terry Davies, who ploughed into Jayson, 48, in June 2014. She had argued there was a chance of reconciliation, while Davies’ lawyers had said the marriage was doomed.’

Full Story

BBC News, 19th July 2018

Source: www.bbc.co.uk

Landmark court ruling finds against ex-wife who sought higher maintenance payments – Daily Telegraph

Posted July 19th, 2018 in appeals, financial provision, news, Supreme Court by tracey

‘A divorced husband should not be forced to pay increased maintenance payments because of his ex-wife’s poor financial decisions, the Supreme Court has ruled in a landmark case.’

Full Story

Daily Telegraph, 18th July 2018

Source: www.telegraph.co.uk

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

Posted July 13th, 2018 in divorce, financial provision, news by tracey

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

Full Story

Family Law Week, 11th July 2018

Source: www.familylawweek.co.uk