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.’

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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.’

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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.’

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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.’

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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’.’

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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.’

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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.’

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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.’

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Family Law Week, 11th July 2018

Source: www.familylawweek.co.uk

Akhmedova v Akhmedov: piercing the corporate veil – Family Law

Posted July 3rd, 2018 in company law, divorce, financial provision, news, shareholders by sally

‘It is not incomprehensible that wealthy business shareholders feed their high-net-worth assets through their companies, with the consequence of making the assets available to their spouse limited and out of reach. It therefore comes as no real surprise that the English family courts have shown that they are prepared to tackle the issues related with parties hiding international assets within divorce proceedings, whilst trying to remedy the same.’

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Family Law, 2nd July 2018

Source: www.familylaw.co.uk

Varying maintenance? What’s the right answer? – Family Law

Posted June 25th, 2018 in divorce, financial provision, news by sally

‘As the summer sunshine continues, so too does the flow of Supreme Court appeals dealing with fundamental family law questions. In the last few weeks, they have looked at extending civil partnerships to straight couples and the modern approach to ‘unreasonable behaviour’ within divorce petitions. The latest issue considered by the UK’s highest court has been maintenance, specifically, the correct approach to varying a maintenance order years after the divorce and financial settlement have been finalised.’

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Family Law, 22nd June 2018

Source: www.familylaw.co.uk

Do I have to pay child maintenance if my child lives abroad? – Family Law

‘Parents have a duty to maintain their children irrespective of the amount of time they spend with them or what country they live in. However international payment can be difficult to enforce. Parents cannot enforce an arrangement made informally between them, it must be made legally binding first.’

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Family Law, 21st June 2018

Source: www.familylaw.co.uk

Villiers – a cross border conundrum – Family Law Week

Posted June 21st, 2018 in appeals, divorce, financial provision, jurisdiction, news, Scotland by tracey

‘Lucia Clark, Partner (dual-qualified in English and Scottish family law) and Alex Critchley, Solicitor, both of Morton Fraser LLP consider the implications of the recent Court of Appeal judgment in Villiers v Villiers.’

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Family Law Week, 18th June 2018

Source: www.familylawweek.co.uk

Finance and Divorce Update, June 2018 – Family Law Week

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

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Family Law Week, 14th June 2018

Source: www.familylawweek.co.uk

Varying your child maintenance: it can pay dividends! – Family Law Week

Posted June 15th, 2018 in children, costs, family courts, financial provision, legal aid, news by tracey

‘Using a fictitious scenario Gwyn Evans, barrister, Tanfield Chambers highlights legal and practical issues relating to child maintenance.’

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Family Law Week, 14th June 2018

Source: www.familylawweek.co.uk

Interim Sale of the Family Home in Financial Remedy Proceedings – Family Law Week

‘Philip Newton, barrister, Becket Chambers Canterbury considers whether it is possible to obtain an order for sale of the family home before the final hearing.’

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Family Law Week, 23rd May 2018

Source: www.familylawweek.co.uk

Breaking up is hard to do: the fate of family law in post-Brexit Britain – Family Law

‘It is now over nine months since the European Union (Withdrawal) Bill was introduced into the House of Commons in July of last year. The Government’s stated aim was to ensure the UK exits the EU with maximum ‘certainty, continuity and control’. We now know that we will be leaving the EU at 11pm on Friday 29 March 2019. It is still unclear as to how this will happen, although the Government has indicated its wish to maintain a deep and special partnership with the EU. With approximately three million EU citizens living in the UK and around one million British citizens living in other EU member states, the implications of Brexit for European couples separating or divorcing and for their families is wide-reaching and of concern to all family practitioners.’

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Family Law, 10th May 2018

Source: www.familylaw.co.uk

Bitcoins and hiding wealth in divorce – Family Law

Posted May 8th, 2018 in divorce, financial provision, internet, news by sally

‘Divorce ends the marriage but does nothing to end the financial arrangements between the parties. If the parties cannot agree these, and as part of court proceedings to determine who gets what, the parties have to provide full and frank disclosure to the other of their entire financial means. This procedure allows the parties to be open and transparent about the extent of the assets in the marriage. There could be a situation arising whereby a party seeks to hide their wealth but evidence provided with disclosure such as bank statements in paper form provides a paper trail and this makes for the hiding of cash movements very difficult. But what if that party holds Bitcoins or other crypto-currencies?’

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Family Law, 4th May 2018

Source: www.familylaw.co.uk

Ex-husband used corporate structures to conceal wealth, court rules – OUT-LAW.com

‘An English court has ordered a wealthy Russian businessman to transfer ownership of a luxury yacht from one of his companies to his ex-wife, in order to satisfy part of their divorce settlement.’

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OUT-LAW.com, 3rd May 2018

Source: www.out-law.com

Guidance on Financial Needs on Divorce: Edition 2 – April 2018 – Courts and Tribunals Judiciary

Posted April 26th, 2018 in divorce, family courts, financial provision, news by tracey

‘The FJC has now published the second edition of this useful guide for the family judiciary, courts and legal advisers. Since the publication of the first edition in June 2016, the guidance has established itself as an invaluable tool in relation to the making of orders to meet financial needs following divorce and the dissolution of civil partnerships.’

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Courts and Tribunals Judiciary, 26th April 2018

Source: www.judiciary.gov.uk

Waggott v Waggott: in support of the clean break – Family Law

Posted April 26th, 2018 in appeals, divorce, financial provision, news, periodical payments by sally

‘The case of Waggott v Waggott [2018] EWCA Civ 727 is being hailed by some as the end to the ‘meal ticket’, but the decision in respect of periodical payments is perhaps not surprising, there are few cases these days where a ‘joint lives’ order is the eventual outcome.’

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Family Law, 25th April 2018

Source: www.familylaw.co.uk