Maintenance for a disabled adult child: a case of legal blogging – Transparency Project

‘Between August 2022 and June 2023, I observed, online, a number of hearings in a single case heard by His Honour Judge Shelton who is a judge in the family court in Leeds. The case was about the amount of money that the father/ex husband (James) should pay towards his ex-wife Beth and their daughter Isabelle. (These are fake names.) He had been paying £100 per month to Beth and £1500 to Isabelle. The case was unusual because Isabelle was an adult. Normally, a parent would not have to pay maintenance for an adult child, but there are exceptions to this and one of the exceptions is where the adult child is disabled. Isabelle has multiple physical and intellectual difficulties She lived with Beth in an adapted home and Beth provided her with full-time care, including with the help of various carers.’

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Transparency Project, 6th February 2024

Source: transparencyproject.org.uk

Litigation friend ordered to pay £42,000 costs for ‘wholly inadequate’ performance – Law Society’s Gazette

‘A litigation friend who was said to be suffering from depression has been ordered to pay more than £42,000 in costs after a judge found his performance “wholly inadequate.”’

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Law Society's Gazette, 23rd November 2023

Source: www.lawgazette.co.uk

Special Contributions in Family Law – 33 Bedford Row

‘How often do practitioners have a client insist that they have made a “greater” or a “special” contribution to the family’s finances? This is a regular occurrence in conference rooms up and down the country. This instruction from a lay client is often followed by a request to “ring fence” certain assets. What advice should be given to these adamant lay clients? Invariably, a lay client must be advised that it is extremely difficult to convince a court and that one party has made a “special contribution”. The court’s reluctance is rooted in the need to end discrimination between the breadwinner and a homemaker. Special contribution arguments are made by the breadwinners, usually in high net-worth cases and these arguments often lead nowhere.’

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33 Bedford Row, 17th October 2023

Source: www.33bedfordrow.co.uk

Financial Remedies: Proprietary Estoppel & Interveners – Article by Matthew Smith – Park Square Barristers

‘The recent case of Teasdale v Carter & Teasdale [2023] EWHC 490 (Fam) provides a helpful reminder of the principles to be applied in a financial remedies hearing when a third party is joined in order for them to argue an interest in the family pot.’

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Park Square Barristers, 26th September 2023

Source: www.parksquarebarristers.co.uk

The Law Commission’s Review on Financial Remedies – Pump Court Chambers

Posted October 4th, 2023 in chambers articles, divorce, financial provision, Law Commission, news, podcasts by sally

‘This podcast will look at the scope of the Law Commission’s work on this topic, and delve into the reasons why some have called for a review, the possible options for reform, the pros and cons, and comparisons with other jurisdictions.’

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Pump Court Chambers, 11th September 2023

Source: www.pumpcourtchambers.com

Tying the Knot Abroad – Family Law

Posted October 3rd, 2023 in divorce, embassies, financial provision, foreign jurisdictions, marriage, news by sally

‘For those romantics, escapees from tradition (Las Vagas chapel not country church) or the merely impetuous, what does getting married abroad mean in terms of validity of the marriage? And for those who marry abroad and subsequently move to live in the UK, is their marriage recognised?’

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Family Law, 2nd October 2023

Source: www.familylaw.co.uk

CA allows funder to challenge financial remedy consent order – Legal Futures

Posted September 19th, 2023 in appeals, consent orders, divorce, financial provision, news, third parties by sally

‘A litigation funder owed up to £1m by the wife in a “bitter and extortionately expensive” divorce battle can remain a party to financial remedy proceedings, the Court of Appeal has ruled.’

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Legal Futures, 19th September 2023

Source: www.legalfutures.co.uk

Millionaire wins cash fight with estranged wife despite judge dubbing him ‘liar’ – The Independent

Posted August 15th, 2023 in divorce, financial provision, news, witnesses by sally

‘A 74-year-old millionaire accused of “squirrelling away” at least £27 million has won a family court fight over money with his estranged American millionaire wife despite being described by a judge as an “inveterate liar”.’

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The Independent, 14th August 2023

Source: www.independent.co.uk

Fairness versus Certainty – Should the Matrimonial Causes Act 1973 be Amended to Restrict the Duration of Spousal Maintenance? – Financial Remedies Journal

‘As part of the Law Commission’s review of the law concerning financial division upon divorce, announced on 4 April 2023, it will consider “how maintenance payments for an ex-spouse or civil partner should work”. The terms of reference set out that the Law Commission is to consider specifically potential maximum periods for spousal periodical payment orders.’

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Financial Remedies Journal, 3rd July 2023

Source: financialremediesjournal.com

Supreme Court rules in ‘death ends everything’ divorce case – Law Society’s Gazette

Posted June 30th, 2023 in appeals, bereavement, divorce, families, financial provision, news, Supreme Court by tracey

‘The Supreme Court has unanimously dismissed a wife’s appeal for financial relief against her husband’s estate after he died before the final determination of her application.’

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Law Society's Gazette, 30th June 2023

Source: www.lawgazette.co.uk

Transparency – cases about finance on divorce – Transparency Project

‘The Financial Remedies Court sub-group of the Transparency Implementation Group (TIG ) has published a 164 page report. This refers to cases about financial remedies on divorce i.e resolving issues between divorcing couples about their income and assets – they are not cases about children. The parties often have legal representation, but not always.’

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Transparency Project, 31st May 2023

Source: transparencyproject.org.uk

Firm ordered to pay ex-client £400k for negligent divorce advice – Legal Futures

‘A law firm that narrowed the scope of its retainer after a divorcing woman negotiated her own financial settlement was nonetheless negligent in failing to give her advice on the deal, the High Court has ruled.’

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Legal Futures, 24th April 2023

Source: www.legalfutures.co.uk

Can an adult child seek maintenance from their parents? – Family Law

‘There have recently been two cases in which adult children have begun court proceedings seeking a formal court order to force their parents into providing ongoing financial support to them.’

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Family Law, 12th April 2023

Source: www.familylaw.co.uk

Divorce reform: work finally begins on finances review – Law Society’s Gazette

‘Work has finally begun on a review of the laws governing finances on divorce – but a consultation on proposed reforms does not appear likely to emerge until 2025 at the earliest.’

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Law Society's Gazette, 4th April 2023

Source: www.lawgazette.co.uk

Family Law Newsletter – Spire Barristers

‘Family Law Newsletter Issue #65; including articles from around the web, Legislation updates and Case Updates from Care Proceedings and Financial Remedy matters.’

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Spire Barristers, 2nd March 2023

Source: spirebarristers.co.uk

Separating parents could be forced to go to mediation under Raab plans – The Guardian

‘Thousands of children in England and Wales could be protected from witnessing their parents pitted against each other in the courts under proposals to legally enforce mediation for separating families.’

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The Guardian, 23rd March 2023

Source: www.theguardian.com

Time is ‘opportune’ for new review of divorce law – Law Society’s Gazette

Posted March 21st, 2023 in divorce, financial provision, Law Commission, news by tracey

‘Family lawyers will have to wait at least another two years to see any potential reforms of “out of date” laws governing financial provision on divorce, the government has revealed. One year after members of the House of Lords were told the government would look at the law governing financial provision “within a matter of weeks” after no-fault divorce reforms came into force last April, they were told a review to be conducted by the Law Commission will be announced shortly.’

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Law Society's Gazette, 20th March 2023

Source: www.lawgazette.co.uk

Judge excoriates “shameless” family case with costs of £5.5m – Legal Futures

‘A family court judge has described a case where the two parties racked up costs of £5.5m as “one of the most shameless pieces of litigation” he has ever seen.’

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Legal Futures, 20th March 2023

Source: www.legalfutures.co.uk

How the courts deal with financial remedies in a short marriage – Family Law Week

‘I recently fought a case where the parties divorced after eighteen months. There is no formal definition of a short marriage, but there are some benchmarks. The median marriage in the UK at the time of divorce was 12.3 years in 2021 for opposite-sex couples while the most common duration of marriage was 8 years. The figures are lower for same-sex couples who have only been able to divorce since 2015. On this basis, my case was likely to qualify as a short marriage.’

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Family Law Week, 13th March 2023

Source: www.familylawweek.co.uk

Child Maintenance Service to clamp down on domestic abuse – Family Law

‘Survivors of domestic abuse will be given the choice to allow the CMS to collect and make payments on their behalf – without the consent of an abusive ex-partner. This will prevent perpetrators from using child maintenance as a form of ongoing financial abuse and control and mean survivors will not have to have contact with their ex-partner if there is evidence of domestic violence.’

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Family Law, 26th January 2023

Source: www.familylaw.co.uk