financial provision – Page 20 – Current Awareness

Committal Applications in financial remedy proceedings: when, how and why to make one – Zenith Chambers

Posted May 21st, 2013 in civil procedure rules, committals, contempt of court, debts, detention, financial provision, news by sally

“An order made in family proceedings for the payment of money can be enforced by judgement summons, and, if the statutory criteria are satisfied, an order made committing the judgement debtor to prison for up to 6 weeks. Given that in all likelihood only half of this time will be served, and that the time served doesn’t actually produce any cash for the creditor, the obvious question for the person seeking to
enforce the order is ‘what is the point?’. In fact, the Court of Appeal said as much in the case of Mubarak in 2000; ‘I doubt whether experienced specialist practitioners will think that it has sufficient value for money to be worth its initiation.'”

Full story (PDF)

Zenith Chambers, 16th May 2013

Source: www.zenithchambers.co.uk

Finance and Divorce May 2013 update – Family Law Week

Posted May 13th, 2013 in benefits, divorce, family courts, financial provision, legal aid, litigants in person, news, presumption of death orders by tracey

“Anna Heenan, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the April financial remedies and divorce news and cases.”

Family Law Week, 12th May 2013

Source: www.familylawweek.co.uk

The existential crisis of set aside transactions under section 37 MCA 1973 – Family Law Week

Posted May 10th, 2013 in divorce, financial provision, news, setting aside by sally

“Byron James, barrister, 14 Grays Inn Square considers the questions arising in relation to transactions set aside by s.37 MCA 1973 orders.”

Family Law Week, 9th May 2013

Source: www.familylawweek.co.uk

Wyatt v Vince – WLR Daily

Posted May 9th, 2013 in abuse of process, appeals, divorce, financial provision, law reports, striking out by tracey

Wyatt v Vince: [2013] EWCA Civ 495; [2013] WLR (D) 166

“The court should not allow either party to a former marriage to be harassed by claims for financial relief which were issued many years after the divorce and had no real prospect of success. Such claims should be struck out under FPR r 4.4(1)(b) as an abuse of process.”

WLR Daily, 8th May 2013

Source: www.iclr.co.uk

Entrepreneur defeats ex-wife’s attempt to increase £10.4m divorce settlement – Daily Telegraph

Posted May 9th, 2013 in divorce, financial provision, news, setting aside by tracey

“A multi millionaire entrepreneur who gave his ex-wife £10.4 million in their
divorce settlement has defeated an attempt by her at the High Court to get a
bigger slice of his fortune.”

Daily Telegraph, 8th May 2013

Source: www.telegraph.co.uk

Carers to receive legal rights under new laws – Daily Telegraph

Posted May 7th, 2013 in bills, carers, financial provision, news, parliament, pensions, speeches by sally

“Hundreds of thousands of people who care for elderly or disabled relations will be given new rights to state support for the first time, Norman Lamb, the Care and Support Minister, says.”

Daily Telegraph, 7th May 2013

Source: www.telegraph.co.uk

How to cut the costs of getting divorced – The Guardian

Posted April 8th, 2013 in budgets, costs, custody, divorce, financial provision, internet, legal aid, news by sally

“Legal aid for the 120,000 couples who divorce in a typical year all but disappears in England and Wales this week, except in cases where domestic violence can be proved. While many are predicting a big increase in DIY divorces, costing as little as £37, the changes have also prompted the arrival of a raft of new fixed-fee legal deals that keep lawyers’ bills below £500.”

The Guardian, 6th April 2013

Source: www.guardian.co.uk

Jailed property man hid his assets in offshore network during divorce – The Guardian

Posted April 4th, 2013 in contempt of court, divorce, financial provision, news by sally

“Ex-wife is suing Scot Young for share of £400m fortune that he claims he lost within three months.”

The Guardian, 4th April 2013

Source: www.guardian.co.uk

Does VTB v Nutritek foreshadow the Supreme Court’s approach to the Petrodel appeal on piercing the corporate veil? – Family Law week

Posted February 12th, 2013 in appeals, company law, disclosure, financial provision, matrimonial home, news by tracey

“Emily Marshall, family law professional support lawyer at Irwin Mitchell considers the possible implications of the Supreme Court’s decision in a commercial case on the forthcoming appeal in the Petrodel appeal, to be heard in March.”

Family Law Week, 11th February 2013

Source: www.familylawweek.co.uk

Divorcees to plunder partners’ pensions – Daily Telegraph

Posted February 12th, 2013 in divorce, financial provision, news, pensions by tracey

“Divorcees who separated in the past 12 years could have to hand over more of their pension income to their former spouse. Pension funds are often the main asset of a marriage and are frequently more valuable than the home, but according to a report from Divorce LifeLine in as many as half of the 1.5 million divorce settlements in the UK since December 2000, the divorce pensions may have been undervalued.”

Daily Telegraph, 12th February 2013

Source: www.telegraph.co.uk

Private Criminal Prosecutions in Financial Remedies Cases – Family Law Week

Posted February 7th, 2013 in conspiracy, crime, divorce, financial provision, news, private prosecutions by sally

“Andrzej Bojarski, Kate Tompkins and Cameron Crowe, barristers at 36 Bedford Row, combine their expertise in unravelling complex financial arrangements on divorce and prosecuting serious crimes to consider whether the criminal courts might offer opportunities for a spouse in an exceptional case when all conventional options in the family courts have been exhausted.”

Family Law Week, 6th February 2013

Source: www.familylawweek.co.uk

Religious courts and Sharia divorce – Halsbury’s Law Exchange

Posted February 5th, 2013 in arbitration, children, courts, divorce, financial provision, Judaism, news, residence orders by tracey

“If you glanced at the front page of The Times for 1 February, with its headline ‘High Court opens way to Sharia divorces’, you could have been forgiven for thinking that the court had made some important pronouncement on the role of Sharia (Islamic law) in divorce proceedings. The story’s first paragraph would also have led you naturally to that conclusion. ‘The prospect of divorce cases being settled by Sharia and religious courts’, it says, ‘has been opened up by landmark legal decision.’ So it would have come as a bit of a jolt to read the start of the next paragraph: ‘A Jewish couple have had their divorce settlement under Beth Din, rabbinical law, approved by the High Court.’ As this indicates, the case (AI v MT [2013] EWHC 100 (Fam)) says nothing whatsoever about Sharia.”

Halsbury’s Law Exchange, 4th February 2013

Source: www.halsburyslawexchange.co.uk

An assault on family law – Halsbury’s Law Exchange

Posted February 1st, 2013 in appeals, families, financial provision, news, privilege by tracey

“As Ryder J contemplates reform of the family justice system, he may wish to be aware of the assault by the Court of Appeal and Supreme Court upon some of the more cherished assumptions of family lawyers. Family lawyers should perhaps look to the legitimacy of some of their long-held shibboleths before another Court of Appeal assault. To ignore the law, as the cases below show, can be repressive and is certainly illegal.”

Halsbury’s Law Exchange, 31st January 2013

Source: www.halsburyslawexchange.co.uk

Hamilton v Hamilton – WLR Daily

Posted January 28th, 2013 in appeals, dispute resolution, divorce, financial provision, jurisdiction, law reports by sally

Hamilton v Hamilton [2013] EWCA Civ 13; [2013] WLR (D) 26

“An order in ancillary relief proceedings for the payment of a series of lump sums over time was not necessarily an order for a lump sum by instalments, within section 23(3)(c) of the Matrimonial Causes Act 1973, and therefore variable under section 31 of the 1973 Act.”

WLR Daily, 24th January 2013

Source: www.iclr.co.uk

Property laws for cohabiting couples ‘unfair’, judge says – Daily Telegraph

Posted January 24th, 2013 in cohabitation, financial provision, news by sally

“Property laws for cohabiting couples are ‘unfair’ on women who are often left with nothing after separating from their partners, an appeal court judge said on Wednesday.”

Daily Telegraph, 23rd January 2013

Source: www.telegraph.co.uk

Finance and Divorce January Update – Family Law Week

Posted January 7th, 2013 in appeals, data protection, dispute resolution, divorce, expert witnesses, family courts, financial provision, homosexuality, marriage, news, pensions by sally

“Anna Heenan, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse December’s financial remedies and divorce news and cases.”

Family Law Week, 4th January 2013

Source: www.familylawweek.co.uk

Finance and Divorce December Update – Family Law Week

Posted December 14th, 2012 in divorce, financial provision, news by tracey

“Anna Heenan, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse November’s financial remedies and divorce news and cases.”

Family Law Week, 13th December 2012

Source: www.familylawweek.co.uk

Shagroon v Sharbatly – WLR Daily

Posted November 23rd, 2012 in divorce, financial provision, foreign jurisdictions, jurisdiction, law reports, polygamy by tracey

Shagroon v Sharbatly: [2012] EWCA Civ 1507; [2012] WLR (D) 337

“An English court would not recognise an overseas divorce, even if it was recognised by the country where the divorce had taken place, if the marriage performed between the parties was not recognised or recognisable in English law within the meaning of the Marriage Acts 1949 to 1986. Therefore, an English court had no jurisdiction to entertain a financial relief claim made under section 12 of the Matrimonial and Family Proceedings Act 1984 by a party to such a marriage.”

WLR Daily, 21st November 2012

Source: www.iclr.co.uk

‘Lady of the manor’ wins £8.7m in divorce from landed gentry – Daily Telegraph

Posted November 9th, 2012 in divorce, financial provision, news by tracey

“A multi-millionaire estate owner from an ‘illustrious family’ has been ordered to pay his ex-wife £8.7m after falling in love with a penniless young singer, as a judge ruled the ‘lady of the manor’ should be kept in the luxury she had expected since birth.”

Daily Telegraph, 8th November 2012

Source: www.telegraph.co.uk

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