Enforcement against Pensions in Financial Remedies Cases: the neglected option – Family Law Week

Posted February 14th, 2018 in enforcement, financial provision, news, pensions by michael

“Joseph Rainer, barrister, Queen Elizabeth Building highlights the availability and effectiveness of the Blight v Brewster method to enforce a financial remedy order.”

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Family Law Week, 12th February 2018

Source: www.familylawweek.co.uk

Attempting modernisation: the Divorce (Financial Provision) Bill – Family Law

‘Momentum is growing for the modernisation of the statutory approach to the financial division of assets on divorce, the recognition of pre- and post-nuptial agreements, and an overhaul of spousal maintenance. Over the last few years the great and the good have been beavering away in an attempt to find the Holy Grail, a way of modernising family law to provide more certainty and clarity.’

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Family Law, 2nd February 2018

Source: www.familylaw.co.uk

The perils of an outdated will – Family Law

Posted February 1st, 2018 in appeals, cohabitation, financial provision, news, wills by tracey

‘The case of Martin v Williams [2017] EWHC 491 (Ch), [2018] 1 FLR 125 concerned the right of a cohabitee to make a claim for financial provision from her partner’s estate. It serves as a useful reminder of the problems that can arise when a testator fails to update his or her will following a change in circumstances.’

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Family Law, 30th January 2018

Source: www.familylaw.co.uk

Transferring property out of a deceased’s estate to an unmarried partner (Lewis v Warner) – Family Law

Posted January 18th, 2018 in appeals, cohabitation, financial provision, news, wills by tracey

‘Roger Evans, barrister at Harcourt Chambers, says that Lewis v Warner is an interesting demonstration of the courts exercising their jurisdictional powers in the transfer of property under the Inheritance (Provision for Family and Dependants) Act 1975.’

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Family Law, 17th January 2018

Source: www.familylaw.co.uk

Finance and Divorce Update, January 2018 – Family Law Week

‘Sue Brookes, Senior Associate with Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during December 2017.’

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Family law Week, 10th January 2018

Source: www.familylawweek.co.uk

Exploring “Reasonable Financial Provision” – Lewis v Warner – Hardwicke Chambers

Posted January 9th, 2018 in appeals, cohabitation, financial provision, news, succession by sally

‘On 19th December 2017, the Court of Appeal handed down judgment in the case of Lynn Lewis v Thomas Warner [2017] EWCA 2182 (Civ). The case involved “unusual” and “exceptional” circumstances and was the first time that an application by a cohabitee under the amended s1(1)(ba) and 1(1A) of the Inheritance (Provision for Family and Dependents) Act 1975 (‘the Act’) had reached the Court of Appeal.’

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Hardwicke Chambers, 5th January 2018

Source: www.hardwicke.co.uk

Family law: plus ça change? – New Law Journal

Posted January 9th, 2018 in cohabitation, divorce, financial provision, news by sally

‘Reform is a constant feature of the family justice system—Geraldine Morris questions whether the underlying issues are being addressed.’

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New Law Journal, 5th January 2018

Source: www.newlawjournal.co.uk

Jurisdiction and quantum of global maintenance order (AB v CD) – Family Law

‘Family analysis: Did the court, in deciding on financial provision, have jurisdiction to make a global maintenance order? Liz Cowell, partner at McAlister Family Law, looks at the issues of ‘global’ and ‘Segal’ orders in the recent case of AB v CD [2017] EWHC 3164 (Fam), [2017] All ER (D) 50 (Dec).’

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Family Law, 5th January 2018

Source: www.familylaw.co.uk

Mediation: a better route to a good settlement? – Family Law

‘The Family Mediation Council (FMC) decided at the beginning of 2017 to put out three questions for consultation:
– Would the role of a mediator as an impartial third party in mediation be jeopardised by that mediator drafting a consent order, once a mediated agreement has been reached?
– Is it possible to draft a consent order without giving advice on its terms?
– Is it appropriate to draft a consent order without giving parties advice on its terms?’

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Family Law, 22nd December 2017

Source: www.familylaw.co.uk

Bitcoin, blockchain and smart contracts: consequences for family law in the not too distant future – Family Law Week

Posted December 20th, 2017 in electronic filing, financial provision, land registration, news by tracey

‘Byron James barrister, Expatriate Law (United Arab Emirates) considers the possible implications of bitcoin, bitchain and other developments on financial remedy cases.’

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Family Law Week, 13th December 2017

Source: www.familylawweek.co.uk

Finance and Divorce Update, December 2017 – Family Law Week

Posted December 20th, 2017 in divorce, family courts, financial provision, fraud, jurisdiction, news, solicitors by tracey

‘Frances Bailey Principal Associate and Naomi Shelton, Associate with Mills & Reeve LLP, analyse the news and case law relating to financial remedies and divorce during November 2017.’

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Family Law Week, 6th December 2017

Source: www.familylawweek.co.uk

Detecting assets in financial proceedings (Richardson-Ruhan v Ruhan) – Family Law

Posted December 19th, 2017 in divorce, family courts, financial provision, news, sham transactions, third parties by sally

‘Family analysis: In Richardson-Ruhan v Ruhan the court was concerned with assertions that assets belonging to the husband were held for him by a nominee, related commercial proceedings and arguments as to sham. Michael Chapman, partner, and Holly Tootill, senior associate, both from JMW, who acted for the wife in this case, answer some questions on this complicated and extensive decision.’

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Family Law, 18th December 2017

Source: www.familylaw.co.uk

Can the court order global maintenance? – Family Law

Posted December 18th, 2017 in child support, financial provision, foreign jurisdictions, news by sally

‘A long time ago, in a galaxy far, far away, the Thatcher Government fixed its sights on child maintenance. In January 1990, in what was to be her last year in office, Mrs Thatcher (as she then was) spoke about the scandal that ‘…nearly four out of five lone mothers claiming income support received no maintenance from the fathers. No father should be able to escape from his responsibility and that is why the Government is looking at ways of strengthening the system for… making the arrangements for recovering maintenance more effective’ (National Children’s Homes Memorial Lecture, 17 January 1990).’

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Family Law, 14th December 2017

Source: www.familylaw.co.uk

Plus ca change? A review of family law in 2017 & a look forward to 2018 – Family Law

Posted December 14th, 2017 in children, cohabitation, divorce, financial provision, news by sally

‘Reform is a now a feature of the family justice system – Geraldine Morris asks whether the underlying issues are being addressed?’

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Family Law, 14th December 2017

Source: www.familylaw.co.uk

Divorce: valuation of business assets and tracing hidden assets – the key facts – Family Law

Posted December 14th, 2017 in accountants, divorce, financial provision, news, valuation by sally

‘A forensic accountant has a number of functions. If they are the single joint expert (SJE) in the context of divorce proceedings, their job is usually going to be to value one or more of the parties’ business assets.’

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Family Law, 13th December 2017

Source: www.familylaw.co.uk

President of the Family Division Circular: Financial remedies courts – Courts and Tribunals Judiciary

Posted December 5th, 2017 in family courts, financial provision, judges, press releases by tracey

‘The need for and the many benefits to be derived from the introduction of a national system of Financial Remedies Courts have been persuasively argued by HHJ Martin O’Dwyer, HHJ Edward Hess and Joanna Miles: Hess and Miles, The recognition of money work as a speciality in the family courts by the creation of a national network of Financial Remedies Units [2016] Fam Law 1335, and O’Dwyer, Hess and Miles, Financial Remedies Courts [2017] Fam Law 625. I have made clear my support for this: Note by the President [2016] Fam Law 1340, and 17th View from the President’s Chambers: divorce and money – where are we and where are we going? [2017] Fam Law 607.

Following discussions with HMCTS, I am proposing to pilot the Financial Remedies Court (FRC) concept in three places, starting, I hope, in February 2018: London, the West Midlands and South-East Wales. I envisage that further pilots will follow quite shortly on a rolling programme.’

Full press release

Courts and Tribunals Judiciary, 1st December 2017

Source: www.judiciary.gov.uk

Ex-wife of cheating travel boss demands share of his earnings on top of £10m payout – Daily Telegraph

Posted November 30th, 2017 in appeals, delay, divorce, financial provision, news by tracey

‘The ex-wife of a travel boss who had multiple affairs is demanding a share of his future earnings on top of a £10m divorce payout, the court of appeal has heard.’

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Daily Telegraph, 29th November 2017

Source: www.telegraph.co.uk

When divorce bites back: reputational damage and the professional adviser – Family Law

Posted November 28th, 2017 in dispute resolution, divorce, financial provision, news by sally

‘Professional advisers need to tread very carefully when a client wants to pursue an aggressive strategy to frustrate a spouse’s financial claims during divorce proceedings. Aggressive asset protection might well achieve a client’s financial objectives – at least in the short term. But the consequential reputational damage caused to the client, his or her advisers and their firms can be severe – and lasting.’

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Family Law, 28th November 2017

Source: www.familylaw.co.uk

Cohabiting couples warned of ‘common law marriage’ myths – BBC News

Posted November 27th, 2017 in cohabitation, financial provision, marriage, news, statistics by sally

‘Millions of unmarried couples who live together could be unaware of their rights if the relationship breaks down, a family law group has warned.’

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BBC News, 27th November 2017

Source: www.bbc.co.uk

Finance and Divorce Update, November 2017 – Family Law Week

Posted November 9th, 2017 in appeals, divorce, financial provision, news by tracey

‘Rose-Marie Drury, Senior Associate, Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during October 2017.’

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Family Law Week, 8th November 2017

Source: www.familylawweek.co.uk