Financial Provision for Adult Children in England and Wales and in Italy – Pump Court Chambers

‘This article considers a recently-handed down case making financial provision for children where one was over the age of 18 at the time of making the application and another child was over 18 at the time of judgment and compares the position with that in Italy, where provision for children can include adult children as a matter of course.’

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Pump Court Chambers, 11th May 2020

Source: www.pumpcourtchambers.com

W v H (Divorce Financial Remedies) [2020] EWFC B10 – Pump Court Chambers

Posted May 7th, 2020 in coronavirus, divorce, financial provision, news, pensions by sally

‘Jack Rundall considers the case of W v H (divorce financial remedies) [2020] EWFC B10 in relation to the treatment of pensions on divorce, a case which he suggests is being under-reported amongst the concerns surrounding Covid 19.’

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Pump Court Chambers, 1st May 2020

Source: www.pumpcourtchambers.com

Divorce bill must not overlook pensions – Society – Law Society’s Gazette

‘The Law Society has called for long-awaited legislation reforming divorce to be amended to ensure ex-spouses are not left financially vulnerable as a result of pension orders.’

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Law Society's Gazette, 17th March 2020

Source: www.lawgazette.co.uk

Islamic Nikah ceremony and marriage validity – Family Law

Posted March 13th, 2020 in appeals, divorce, families, financial provision, Islam, islamic law, marriage, news by tracey

‘The case of Khan v Akhter has now been decided by the Court of Appeal. It received a huge amount of coverage in the legal press and beyond. In simple terms, the court has ruled that a couple who went through a religious-only wedding ceremony in the UK are neither validly married nor parties to a void marriage, overturning an earlier decision of the High Court.’

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Family Law, 12th March 2020

Source: www.familylaw.co.uk

Wife in one of Britain’s largest-ever divorce cases succeeds in latest enforcement action against her former husband – Family Law

‘In this article, we look at the recent decision in the ongoing and highly publicised divorce case of Akhmedova v Akhmedov. This decision is the latest in a long run of enforcement cases brought by the wife against her former husband, who, in 2016, was ordered to pay her one of the largest reported financial settlements in England. While the judge was critical of the husband’s reorganisation of his assets to put and keep them beyond the wife’s reach, this is not the end of the road for this case. This judgment is simply another stepping-stone towards the wife realising the award she is entitled to.’

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Family Law, 11th March 2020

Source: www.familylaw.co.uk

Financial Remedy Update March 2020 – Family Law Week

Posted March 10th, 2020 in divorce, financial provision, news by tracey

‘Sue Brookes, Principal Associate, Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during February 2019.’

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Family Law Week, 9th March 2020

Source: www.familylawweek.co.uk

Court of Appeal clarifies the law on marriage formalities (Akhter v Khan) – Family Law

Posted March 5th, 2020 in divorce, financial provision, Islam, marriage, news by tracey

‘Family analysis: Siddique Patel, solicitor at Shoosmiths, discusses the decision of the Court of Appeal overturning that of Williams J when he ruled that an Islamic Nikah ceremony could be classed as a void marriage giving rise to financial remedies.’

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Family Law, 5th March 2020

Source: www.familylaw.co.uk

When the end is not the end…. Until clean break us do part – 5 SAH

Posted March 4th, 2020 in chambers articles, children, divorce, families, financial provision, news by sally

‘There are commonly two forms of maintenance obligations in a financial order – maintenance for the Wife (so called “periodical payments” or “pps”) and payments for the benefit of a child/ children. The order will prescribe the date for the first payment, the rates of pps and the date for termination of those pps. Termination of pps are commonly the first to occur of:

– the death of either party
– the receiving party’s remarriage
– the youngest child completing secondary education or attaining 18 years of age, whichever is the later or
– Further order of the court.’

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5 SAH, 26th February 2020

Source: www.5sah.co.uk

Solicitor wife compensated on divorce for career loss – Legal Futures

‘A solicitor who sacrificed possible partnership at a magic circle law firm to have children has been awarded an extra £400,000 in her divorce settlement with an equity partner at the same firm.’

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Legal Futures, 3rd March 2020

Source: www.legalfutures.co.uk

The treatment of future earnings – Family Law

Posted February 27th, 2020 in divorce, financial provision, news, remuneration by tracey

‘We are approaching 20 years since the seminal House of Lords decision in White v White [2000] UKHL 54, yet the judicial debate as to how to implement the principle it established, that there should be no discrimination between breadwinner and homemaker in financial arrangements on divorce, remains alive.’

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Family Law, 26th February 2020

Source: www.familylaw.co.uk

Financial Remedies Courts – Law Society’s Gazette

‘The Financial Remedies Courts (FRCs) have been established as a subsidiary structure within the Family Court. In November 2019, two documents were published: Overall Structure Of The Financial Remedies Courts And The Role And Function Of The Lead Judge, and Financial Remedies Courts Good Practice Protocol. It is the protocol which is essential reading for family law practitioners.’

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Law Society's Gazette, 24th February 2020

Source: www.lawgazette.co.uk

Mostyn J. and ‘amicable’ divorces – St Ives Chambers

‘amicable (spelt with a little ‘a’) charged the parties £300 for helping with preparation of their divorce petition and application for decree nisi, and a further £300 for drafting a simple precedent-compliant cleanbreak order (which the parties had negotiated) together with accompanying Form A, D81, joint disclosure statement. Their letter forwarding the same to the court attracted the attention of the court and this application.’

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St Ives Chambers, February 2020

Source: www.stiveschambers.co.uk

Financial Remedy Update, February 2020 – Family Law Week

Posted February 13th, 2020 in cohabitation, divorce, financial provision, joinder, matrimonial home, news, third parties by tracey

‘Sarah Hunter, Senior Associate and Eleanor Cawthra, Associate Mills & Reeve LLP consider the important news and case law relating to financial remedies and divorce during February 2020.’

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Family Law Week, 12th February 2020

Source: www.familylawweek.co.uk

Having the last word in financial remedies – Becket Chambers

Posted February 6th, 2020 in divorce, evidence, financial provision, housing, news by sally

‘The recent case of AR v ML [2019] EWFC 56 is a cautionary tale against adducing further evidence at a late stage in an attempt to have the last say within financial remedy proceedings.’

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Becket Chambers, 3rd February 2020

Source: becket-chambers.co.uk

Tick the box at your peril: a warning for lawyers completing the Pension Sharing Annex form P1 – Becket Chambers

Posted January 28th, 2020 in divorce, financial provision, news, pensions by sally

‘Financial remedy lawyers are familiar with the Form P1 Pension Sharing Annex under section 24B of the Matrimonial Causes Act 1973. It records the instructions for how to share a party’s pension and who is to bear the cost, and also contains the parties’ details. It is approved by the court and sent to pension administrators to start the process of implementation of a pension sharing order.’

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Becket Chambers, 22nd January 2020

Source: becket-chambers.co.uk

Divorcee sues top law firm after taking out ‘crippling’ loan to pay for legal fight with husband – Daily Telegraph

‘A businesswoman who wrongly believed she would win a substantial divorce settlement from her wealthy husband is suing a top law firm after taking out a crippling loan to pay their fees.’

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Daily Telegraph, 18th January 2020

Source: www.telegraph.co.uk

Family Team Under 10’s Newsletter – Winter 2020 Edition – Parklane Plowden

‘In the Winter edition of our Family Under 10’s Newsletter, Simon Wilkinson provides a case update with regards to the Matter of D, Giorgia Sessi studies the guidance published by the Courts and Tribunals Judiciary, whilst Charlotte Wilce lays out a case study regarding the role of CAFCASS in relation to non-subject children.’

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Parklane Plowden, 7th January 2020

Source: www.parklaneplowden.co.uk

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

Posted January 9th, 2020 in divorce, financial provision, news by tracey

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

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Family Law Week, 30th December 2019

Source: www.familylawweek.co.uk

English judges deciding Scottish divorce cases is “recipe for chaos”, Supreme Court hears – Daily Telegraph

Posted December 10th, 2019 in choice of forum, divorce, financial provision, news, Scotland by sally

‘English judges deciding Scottish divorce cases is a “recipe for chaos”, the Supreme Court has heard in a landmark case between an aristocrat and his estranged wife.’

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Daily Telegraph, 9th December 2019

Source: www.telegraph.co.uk

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