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

From Russia with love: the latest word on Part III MFPA 1984 Claims – Family Law Week

Posted November 2nd, 2017 in delay, divorce, financial provision, foreign jurisdictions, jurisdiction, news by tracey

‘Byron James, barrister, Expatriate Law (based in the United Arab Emirates) considers the recent guidance from the Court of Appeal in relation to applications made under Part III of the Matrimonial and Family Proceedings Act 1984.’

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Family Law Week, 27th October 2017

Source: www.familylawweek.co.uk

MIAMs: a worthy idea, failing in delivery – Family Law Week

Posted November 2nd, 2017 in arbitration, dispute resolution, divorce, families, financial provision, news by tracey

‘Andrew Moore and Sue Brookes, both of Mills and Reeve LLP, consider mediation information assessment meetings, highlighting the flaws in the process and what can be done to improve the current system.’

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Family Law Week, 31st October 2017

Source: www.familylawweek.co.uk

Lump sum orders under Pt III of MFPA 1984 – Family Law

‘Family analysis: A husband’s appeal succeeded against a lump sum order made in favour of the wife by an English court after the couple agreed a financial consent order in Russian divorce proceedings. Jenny Duggan, associate at Stewarts, examines issues that arose in Zimina v Zimin.’

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Family Law, 27th October 2017

Source: www.familylaw.co.uk

Valuing pension rights on divorce – Family Law

Posted October 23rd, 2017 in divorce, financial provision, news, pensions by sally

‘Pension rights in divorce or dissolution settlements can often amount to the largest asset after the equity in the family home. Professional advisers therefore need to pay close attention to this aspect of the ‘family estate’. This article discusses valuation issues in order to provide a basis for a negotiated settlement which reflects the capital value in present-day terms of the pension rights of one or both parties and identifies areas in which solicitors may need help from forensic accountants.’

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Family Law, 20th October 2017

Source: www.familylaw.co.uk

When is a financial agreement between a separating couple binding? – Family Law

Posted October 9th, 2017 in agreements, appeals, delay, disclosure, divorce, financial provision, news by sally

‘In the case of Briers v Briers [2017] EWCA Civ 15, Mrs Briers (W) issued financial remedy proceedings 11 years after she separated from Mr Briers (H), and eight years after H alleged they had reached a concluded agreement settling their financial affairs. The Court of Appeal found that the parties had not reached a concluded agreement, despite both acting on the agreement including the transfer of assets to one another. W could, therefore, bring further financial claims against H.’

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Family Law, 6th October 2017

Source: www.familylaw.co.uk

Finance and Divorce Update October 2017 – Family Law Week

Posted October 6th, 2017 in divorce, financial provision, news by tracey

‘Naomi Shelton, Associate with Mills & Reeve LLP, analyses the news and case law relating to financial remedies and divorce during September 2017.’

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Family Law Week, 5th October 2017

Source: www.familylawweek.co.uk

How much do you ‘need’ on divorce? – Family Law

Posted September 12th, 2017 in divorce, financial provision, news by tracey

‘Nicola Hogg reviews the recent case of FF v KF [2017] EWHC 1093 (Fam), in which the High Court restated the principles to be adopted when assessing capital and income needs after a short marriage.’

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Family Law, 11th September 2017

Source: www.familylaw.co.uk

Finance and Divorce Update September 2017 – Family Law Week

Posted September 7th, 2017 in agreements, appeals, divorce, financial provision, news, Supreme Court by tracey

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

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Family Law Week, 1st September 2017

Source: www.familylawweek.co.uk

Finance and Divorce Update, August 2017 – Family Law Week

‘Naomi Shelton, Associate with Mills & Reeve LLP, analyses the news and case law relating to financial remedies and divorce during July 2017.’

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Family Law Week, 2nd August 2017

Source: www.familylawweek.co.uk

Binding agreements in TOLATA claims – Family Law Week

‘Alexander Chandler, barrister, 1 King’s Bench Walk, considers the law and practice of agreements to settle TOLATA claims.’

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Family Law Week, 28th July 2017

Source: www.familylawweek.co.uk

Scotland and Wales begin formal dispute with UK Government over £1bn DUP deal – Daily Telegraph

Posted July 20th, 2017 in devolution issues, financial provision, news, Northern Ireland, Scotland, Wales by tracey

‘The Scottish and Welsh governments have launched a formal dispute with Westminster over their demands for extra funding as a result of the Tory deal with the Democratic Unionist Party.’

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Daily Telegraph, 19th July 2017

Source: www.telegraph.co.uk

Civil way – New Law Journal

‘Before I embark on this little tale, let me put you straight. So long as they act in good faith, as they always do, judges incur no liability for erroneous decisions. So that’s alright, then. And the Crown has no liability for anything done by any person discharging judicial responsibilities? Not quite, as highlighted by LL v The Lord Chancellor [2017] EWCA Civ 237, [2017] All ER (D) 123 (Apr). If a court orders a person to be arrested or detained in contravention of Art 5 of the European Convention on Human Rights then that person is entitled to damages in a claim against the Crown (ss 7(1) and 9 of the Human Rights Act 1998) and proceedings would have to be brought against the Lord Chancellor (as if he didn’t have enough to worry about already). Detention will be unlawful if the court acted without jurisdiction (which is why judges should take the Green Book with them wherever they go) or where there was a gross and obvious irregularity in the court’s procedure or a flagrant denial of justice.’

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New Law Journal, 7th July 2017

Source: www.newlawjournal.co.uk

Finance and Divorce Update, July 2017 – Family Law Week

Posted July 7th, 2017 in divorce, domestic violence, families, financial provision, news, statistics by tracey

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

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Family Law Week, 6th July 2017

Source: www.familylawweek.co.uk

Sham Trusts and the Grand National – Family Law Week

Posted June 30th, 2017 in financial provision, news, sham transactions, trusts by tracey

‘Mark Warwick QC of Selborne Chambers explains the hurdles that need to be cleared in order to establish that a trust is a sham in the light of the judgment in ND v SD and Others (2017) EWHC 1507 (Fam).’

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Family Law Week, 28th June 2017

Source: www.familylawweek.co.uk

Post-separation accrual – Law Society’s Gazette

Posted June 20th, 2017 in cohabitation, divorce, financial provision, married persons, news by sally

‘As Nicholas Cusworth QC, sitting as a deputy High Court judge, stated in JB v MB [2015] EWHC 1846 (Fam), where addressing post-separation accrual, he was dealing with a ‘lawless science’ and therefore the outcome he reached ‘may be arbitrary to a degree’.’

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Law Society's Gazette, 19th June 2017

Source: www.lawgazette.co.uk

Sharp v Sharp: ruling ‘gives couples more to bicker about’ – Law Society’s Gazette

Posted June 15th, 2017 in appeals, costs, divorce, financial provision, news by sally

‘A City trader has successfully challenged a divorce judgment awarding her ex-husband of four years £2.7m – in a decision that family lawyers warn raises more questions than it answers.’

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Law Society's Gazette, 13th June 2017

Source: www.lawgazette.co.uk

Finance and Divorce Update, June 2017 – Family Law Week

Posted June 14th, 2017 in divorce, financial provision, news, trusts by tracey

‘Claire Molyneux of Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during May 2017.’

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Family Law Week, 9th June 2017

Source: www.familylawweek.co.uk

Couple’s brief marriage meant husband should have smaller divorce pay-out in landmark ruling -Daily Telegraph

Posted June 14th, 2017 in divorce, financial provision, news, remuneration by tracey

‘Couples who divorce after only a brief marriage can no longer expect to have their assets split equally by default following an appeal court ruling.’

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Daily Telegraph, 13th June 2017

Source: www.telegraph.co.uk

Willpower & determination – New Law Journal

‘Paola Fudakowska & Henrietta Mason provide a wills & probate update.’

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New Law Journal, 19th May 2017

Source: www.newlawjournal.co.uk