Plus ca change? A review of family law in 2017 & a look forward to 2018 – Family Law

Posted December 14th, 2017 in children, cohabitation, divorce, financial provision, news by sally

‘Reform is a now a feature of the family justice system – Geraldine Morris asks whether the underlying issues are being addressed?’

Full Story

Family Law, 14th December 2017

Source: www.familylaw.co.uk

Divorce: valuation of business assets and tracing hidden assets – the key facts – Family Law

Posted December 14th, 2017 in accountants, divorce, financial provision, news, valuation by sally

‘A forensic accountant has a number of functions. If they are the single joint expert (SJE) in the context of divorce proceedings, their job is usually going to be to value one or more of the parties’ business assets.’

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Family Law, 13th December 2017

Source: www.familylaw.co.uk

President of the Family Division Circular: Financial remedies courts – Courts and Tribunals Judiciary

Posted December 5th, 2017 in family courts, financial provision, judges, press releases by tracey

‘The need for and the many benefits to be derived from the introduction of a national system of Financial Remedies Courts have been persuasively argued by HHJ Martin O’Dwyer, HHJ Edward Hess and Joanna Miles: Hess and Miles, The recognition of money work as a speciality in the family courts by the creation of a national network of Financial Remedies Units [2016] Fam Law 1335, and O’Dwyer, Hess and Miles, Financial Remedies Courts [2017] Fam Law 625. I have made clear my support for this: Note by the President [2016] Fam Law 1340, and 17th View from the President’s Chambers: divorce and money – where are we and where are we going? [2017] Fam Law 607.

Following discussions with HMCTS, I am proposing to pilot the Financial Remedies Court (FRC) concept in three places, starting, I hope, in February 2018: London, the West Midlands and South-East Wales. I envisage that further pilots will follow quite shortly on a rolling programme.’

Full press release

Courts and Tribunals Judiciary, 1st December 2017

Source: www.judiciary.gov.uk

Ex-wife of cheating travel boss demands share of his earnings on top of £10m payout – Daily Telegraph

Posted November 30th, 2017 in appeals, delay, divorce, financial provision, news by tracey

‘The ex-wife of a travel boss who had multiple affairs is demanding a share of his future earnings on top of a £10m divorce payout, the court of appeal has heard.’

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Daily Telegraph, 29th November 2017

Source: www.telegraph.co.uk

When divorce bites back: reputational damage and the professional adviser – Family Law

Posted November 28th, 2017 in dispute resolution, divorce, financial provision, news by sally

‘Professional advisers need to tread very carefully when a client wants to pursue an aggressive strategy to frustrate a spouse’s financial claims during divorce proceedings. Aggressive asset protection might well achieve a client’s financial objectives – at least in the short term. But the consequential reputational damage caused to the client, his or her advisers and their firms can be severe – and lasting.’

Full Story

Family Law, 28th November 2017

Source: www.familylaw.co.uk

Cohabiting couples warned of ‘common law marriage’ myths – BBC News

Posted November 27th, 2017 in cohabitation, financial provision, marriage, news, statistics by sally

‘Millions of unmarried couples who live together could be unaware of their rights if the relationship breaks down, a family law group has warned.’

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BBC News, 27th November 2017

Source: www.bbc.co.uk

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

Family Law Week, 6th July 2017

Source: www.familylawweek.co.uk